Federal Prisons

Your Texas Pack will support my contentions and add fuel to the fire I have started. You participate in the same practice I do and have been doing since 2010. I apply the law in my grievances. I apply PD-22 in correlation to ED-02.01 and apply the facts of official misconduct that lands officials on administrative probation or suspended 30, 60, or 90 days. I applaud your practice. I appreciate your action, and your newsletter gives me hope that I am not alone in fighting this Goliath that has no moral value. Thank you for your presence and participation.

I am on Powledge Unit after fighting my way to here via Bother units where I still have civil actions pending. But this unit enjoys retaliating against you for your protected right to file grievances or complain. Standards for prison operations in this country are made by the American Correctional Association (ACA), and ACA Standard 4-4274 states I have a protected right to complain about my conditions and official misconduct without fear of retaliation, but the guards don’t know that it exists in ATC Rules. See ATC-040. It has been my safety beacon in many grieves.

The state works off the ignorance of inmates – our comrades so to speak. I am requesting that you keep doing what you do and teach the prisoners. Inform them of their rights, privileges, immunities under the Constitution. Where the prisoners of Texas really need help is in statutory law. I am understanding that Administrative Code is where statutory law lies, that governs jails and prisons. Texas prisoners in state facilities are not privy to these laws, so a prisoner cannot successfully litigate a case without an injury. An injury is not a prerequisite to 42 USC 1983.

Well keep up the good work and stand united and strong.

MIM(Prisons) responds: Legal work and campaigns, such as the information contained in the Texas Pack, are one aspect of our struggle toward a society without the abuses that the Texas Pack is focused on: grievance problems, indigent mail restrictions, exorbitant medical copay, and others. We don’t think we can get to that society by focusing on just this angle alone, however. So we push our comrades who are getting good information from the Texas Pack to also recognize the bigger picture and the long-term struggle. MIM(Prisons)’s work is focused on prisons in the United $tates, but we strive for this work to coincide with the struggles of the most oppressed peoples in the world. If you’re ready to take that step from prison reformer to revolutionary, we offer lots of study materials on the topic, and a correspondence study course for $10 or work-trade.

In response to the article in ULK 55 titled “Correction to Deadly Heat in Louisiana Article,” I am equally compelled to struggle my point across to my Texas comrade and all other comrades within the jurisdiction of the 5th Circuit. Our Texas comrade has committed the error of “seeing only a tree instead of the forest,” please allow me to explain.

While it is correct that the 5th Circuit remanded the case back to the District Court with an order to apply the injunction to only the three plaintiffs in Angola’s death row – Ball, Magee and Code – if one would read and digest the discussion of the 5th Circuit’s ruling then one would see that it is obvious that in order for “all” prisoners to receive this relief then “all” prisoners would have to file! And I am fairly sure that most comrades can “come up” with a medical condition! In section 3 of the opinion under “disability claims” the court stated in the last paragraph that because the plaintiffs failed to properly introduce their ADA claims that it was fatal as to that claim, therefore “reading between the lines” one can grasp the nugget of wisdom!

So in conclusion there has been and is a victory against the deadly heat in Louisiana, so I urge all comrades to flood the courts with their own “personal” suits and bypass the stacked deck of the PLRA, entiendes? Please read the “entire” case with footnotes etc.: it was declared that the heat can be a violation of the Eighth Amendment. (The ADA provides “endless” major life activities and functions so everyone can find a niche). So if the heat is a violation of a federal right then – (quote from opinion) “such relief shall extend no further than necessary to correct the violation of the federal right of a particular plaintiff or plaintiffs!”

Be that plaintiff!

Please read the case: Elzie Ball, et al. v. James M. Leblanc, et al. U.$. District Court for the Middle district of Louisiana, 988 F. Supp. 2d 639; 2013 U.S. Dist. LEXIS 178557 Civil Action No.: 13-00368-BAJ-SCR. This is on order from Ball v. Leblanc, 792 F.3d 584, 2015 U.S. App. LEXIS 11769 (5th Cir. La. 2015).

MIM(Prisons) responds: In “Correction to Deadly Heat in Louisiana Article”, another writer responded to this writer’s original article on this lawsuit from ULK 53. The responder pointed out that the 5th Circuit Court’s decision only afforded people with pre-existing medical conditions relief from the dangerous heat in Louisiana prisons. And so ey clarified that the ruling does not automatically apply to all of Louisiana’s death row. We are glad that both writers chimed in on the topic, to clarify the ruling and the suggested tactics.

We need to think creatively about how to use this court decision to expand protections to anyone with any medical condition. In conditions like this that are truly dangerous (as we approach summer once again) we encourage people to follow this comrade’s lead and look for ways to use the legal system to improve safety of your conditions.

Perhaps others will disagree with this tactic and propose other better uses for people’s time and legal research. It’s slow to engage in debate through the pages of a bi-monthly newsletter like Under Lock & Key but this is beneficial to all readers and a part of the unity-criticism-unity process. It’s a healthy debate over tactics that will keep pushing our work forward, so write to us and let us hear your thoughts.

I’ma start this letter out by sending all my respects to all involved in educating and enlightening those who is fighting such as myself. These past couple of weeks have been very hectic. Here at Kentucky State Reformatory, we have difficulties with the administration denying legal help from legal aids on cases and with research and filing.

In Kentucky, prisoners in administration and punitive segregation are being denied legal representation by legal aides on filing motions, briefs, etc. and on research. Most of us have active cases and are filing new cases, but the administration have told us “prisoners” that the legal aides can’t assist us on any cases and they have notified the legal aides not to assist us on our cases. The legal aides have been told that they can only assist us and represent us at adjustment committee hearings.

Everyone knows that you have to and need to do research before an active case can even begin and finish, so this bureaucratic red tape is just another arbitrary denial of access to courts, and a violation of the Kentucky Constitution and the U.$. Constitution. Right now I am seeking out accurate factual materials to write out a petition to send to the warden, and accurate factual civil and human rights and constitutional Kentucky and federal laws to fight this injustice.

An injustice to one is an injustice to all.

MIM(Prisons) responds: This is not an issue unique to Kentucky. Prisoners in Texas are also being denied access to courts because of a “cite only” rule. And in Georgia our comrades are denied access to the courts because they are on Tier II restrictive housing. In North Carolina there are no law libraries, and the agency that is designated to satisfy the requirement of access to courts is almost entirely useless.

For all our comrades who advocate working through the courts for remedies, we have as many comrades who write in saying it is impossible for them to access legal material or assistance. This is one of many reasons why we don’t believe the oppressors will ever set up a system that grants real power or dignity to oppressed people, including U.$. prisoners. We work within the system when we can, but we also need to build our own independent institutions, outside the current criminal injustice system, in order to meet and maintain our goals.

I write with news of what I believe to be progress by a few comrades and I here at Clinton Correctional Facility on 27 February 2017. Me and 7 other comrades staged a peaceful protest in response to gaolers playing around with me and my neighbors’ food.

Each comrade refused to return their empty food trays until my neighbor and I received new food trays that wasn’t tampered with (my neighbor was a diabetic and needed to eat). Lieutenant Durkin came around to see what was going on and he seen the seriousness of our solidarity and brought us new trays. (Protest over right? But you know these pigs.)

After me and my neighbors’ trays were collected these gaolers decided that they were not going to pick up the trays from the comrades who initiated the protest, in order to use this as their own excuse to deny them showers for the night, and to use these trays to extract them from their cells to inflict abuse.

These pigs tried to offer my neighbor and I showers but we refused unless everyone had their right to a shower, and we continued to press to speak to higher authority.

That only led to higher authority getting tired of our solidarity and want to teach us a lesson by summoning the “Extraction Team.” These pigs pumped gas into my cell and the cells of three others, and invaded our cells in units while we were incapacitated by the gas, and beat us one by one. We are in the SHU and on complete lockdown and posed no threat to those cowards.

I was taken to an outside hospital in Malone, New York after the assault only because these pigs thought they broke my ribs. But I won’t break, not even bones comrades, not even bones.

These cowards put us on deprivation orders and took all of our in-cell property and left us with just a bare mattress and pillow for the next 5 days (February 27 - March 4). They also took our sweaters and socks and cut the heat off at night in below-freezing weather.

I organized a mass letter to the Superintendent and that’s when we started to get our property and water back. The cells were never cleaned after the gas was pumped in and I burned my eyes a few times some nights laying on the plastic bed and pillow.

We all received false tickets to cover up the racially-motivated mass assault, so we all (7) decided to file grievances on what happened. We’re just waiting now. They haven’t separated us yet because I know they are just listening to our conversations. Most of us don’t have the discipline to speak in silence. Anyway comrades I need advice, stratagems, literature or whatever you think we may need to continue our struggle on the inside in a winning fashion.

MIM(Prisons) responds: We encourage anyone with advice for these comrades to get in touch with us and we’ll pass along your suggestions. These sorts of retaliations for peaceful protests are all too common in prison. One suggestion we can make to these comrades is to continue to build unity and knowledge among the group, and work to expand the solidarity to others if possible. Our power comes from unity and this is built in part through studying and struggling together. And because we know admin may transfer anyone at any time, especially if someone is seen as a threat because of eir ability to unite people, we encourage everyone to get set up in our MIM(Prisons) correspondence study course. This will allow people to study together and continue studies even if some folks get moved around.

I am wrangling with the medical dept about getting the results of recent tests for HIV and HEPC, and also about getting the prescription for glasses that were issued to me about a month ago. I’ve been getting glasses since 2005 and the prescription has always come with the glasses until this year. When I noticed that the prescription wasn’t in the eyeglass case I asked the nurse that brought them to me and she told me to write to the medical dept and it would be sent to me. So I waited about 2-3 weeks to give the blood test results to come in then I sent them an I-60 request form asking for the results of the tests and the prescription for the glasses and was informed that I had to pay for them.

I sent another I-60 informing them that I had paid the $100 co-pay and the eye wear prescription and the results of the blood tests are a part of the service that was paid for but was told that to receive a copy of anything I had to pay. I’ve written a grievance but won’t receive a reply for 45 or more days.

I was shown a TX grievance guide by someone and would very much appreciate it if you could send me one. I had one from the concerned Christians of San Antonio, TX from 2010 but when I got to this unit the officers shaking down my property threw them away with a lot of other stuff. I need one terribly bad because there are quite a few abuses here on this maximum security unit.

On 18 April 2017 the prisoners here rioted against the staff. Mainly it was just the South Hall. Those youngsters are tired of being treated like animals. So they rebel the only way they knew how. By busting out all the windows on the South Hall of East Arkansas Regional Unit, which was one through eight barracks. This transpired that day from 5:30pm until 5:30am. By then Emergency Response Team (ERT) and officers from all the other units responded. They shot 30mm rubber bullets and flash bangs into those barracks. They hog tied prisoners, and dragged them down the hall to the visitation yard which was turned into a makeshift infirmary. There prisoners were beat, kicked or stomped while still cuffed and awaiting medical treatment. The pigs stayed for 3 days in extremely large numbers. 100 officers for day and night shifts the first day, then 50 extra officers on the 2nd and 3rd day. They even returned on the nights of Arkansas’ executions.

The prisoners could have rebelled better, but it is what it is. I’m glad, it just goes to show only so much repression will be tolerated by the masses until change is demanded. It’s just that their energy could have been utilized in a more revolutionary way than in just a release of emotional outcry. Educating prisoners, all day. Each and every day we must teach the Marxist-Leninst-Maoist way.

Basillo Ramos created the “Plan de San Diego” in 1915 in the State of Texas. This was a call to arms and involved a coalition of Mexicans, Blacks, First Nations and Asians to take up arms against white supremacy. These are some of our freedom fighters who came before us. They fought, sadly, the same struggle we are faced with today.

The Aztlán that so many fought and died for, and many of us have been imprisoned for, continues to glimmer on the horizon. It is the People’s will to regain a foothold in our Sacred Land and break the chains that colonize our minds. It is time to rebuild the Revolutionary institutions. Raza Stand Up! Ya Basta! For we are on the quest of Aztlán!!!

Yes, let us not forget freedom fighters like Joaquin Murrieta, who sought supreme justice in California during the Gold Rush and fought the abuse of La Raza. Or David Sanchez and Carlos Montez who founded the Brown Berets in 1967. Or Corky Gonzalez and The Crusade for Justice.

It is right to study and learn from the lessons of the past, and use these lessons to continue to work united towards a common goal. In fact, we always made sure that a portion of time was set aside during all AV Brown Beret meetings for just this: to educate our membership. This was such an important factor that we had as #4 in our 10 Point Program, EDUCATION.

We must rebuild the Movimiento! And it’s just as important to build unity across revolutionary organizations.

Viva La Causa

MIM(Prisons) adds: In August and September of 1915, the military operations carried out in southern Texas by units of 25 to 100 men reached their high point. Comrades in United Struggle from Within have been holding discussion over recent months to build its first commemoration of the spirit of the Plan for August 2017.

Comrades on the outside are encouraged to organize book events around Chican@ Power and the Struggle for Aztlán for August, and/or study groups to read the book leading up to August. Prisoners can write in to get copies of the Plan de San Diego flier to distribute locally, which includes a list of proposed actions from United Struggle from Within organizers.

I, a 61-year old African American, confined in Michigan Department of Corrections (MDOC), a resident at Baraga Maximum Correctional Facility (AMF), currently housing permanently in a stripped cell in segregation. I am writing this formal complaint on behalf of myself and others similarly situated.

This formal complaint is solely against michigan Criminal Justice System, and MDOC, and their Adminsitration and employees.

After returning to prsion August 30, 1991 with a 2 year to 20 year prison term for possession of powder cocain and crack cocain less than 50 grams. My basic information sheet indicated that my first out date with special good time was October 7, 1992 and my regular good time out date was December 23, 1992. And my special good time maximum out date was October 10, 2009 and regular good time maximum out date was July 13, 2013.

I was denied a parole release all the way up to 2013. Then while a resident at Alger Correctional Facility, on April 8, 2013 about 20 prison guards attacked me and beat up in bad shape. Then I was framed with two of the prison guards accusing me of assault and battery on prison employee. Then I wasn’t allowed to have any witness testify on my behalf and I was not allwoed to give a statement on my behalf. No investigation was done on my behalf. The evidence of the video camera that were 15 yards away were withheld. The officers all twenty testified against me. The hearing officers found me guilty on both assault and battery charges. Then the two prison guards filed felony charges against me. The circuit court Judge appointed an attorney who wouldn’t investigate the crime or call witnesses. I asked the judge to discontinue his services for lack of assistance. The next attorney refused to investigate also. I asked the Judge to discontinue his services and the Judge denied my request. I went to trial got found guilty and sentenced to 3.5 to 15, and 3.5 to life. The 3.5 to life was an illegal sentence. Then judge changed it to 3.5 years to 50 years. My first out date is July 21, 2017 and the parole board has already sent me an 18 month continuance in the mail without an interview.

I filed for an appeal and the court appointed appeal attorney refused to investigate my case and call witnesses. I have somewhat of the same problem with the court appointed attorney on the narcotic case that got me sent to prison. That attorney didn’t investigate the scene of the crime or call witnesses, and he was absent at six of my court appearances, and even absent the day my trial was to start. I took a plea bargain for a 2 to 20 years because the attorney that stood in court for my attorney told me that I will be out on the streets in 90 days if I took the cop. Here it is 27 years later and i am still incarcerated after being framed with some trumped up felony charges.

I was facing a life maximum with the fourth degree habitual charge with the cocaine and crack case, and the assault and battery case also. The state is providing inadequate legal representation to defend felony cases. That’s a prime example why about 95% of the felonies are resolved by way of plea bargains. Plus the courts are bullying the defendants with unlawful charges like habitual offender, consecutive sentences, high bonds, and the use of two numbers in the sentence. For instance, a 2 to 20 years is two different and separate sentences in itself. The 2 years is one term and the 20 years is another term.

I have spent approximately twenty years of my incarceratin in control units in level five (maximum security). Out of the 27 years I have been incarcerated twenty four of those years were spent in administrative segregation. At one point I did eleven straight years in segregation from 1998 to 2009 for a fake dangerous contraband infraction.

“Our task now is to continue to extend and make still better use of this method throughout the ranks of the people…” - Mao Tse-Tung, “On the Correct Handling of Contradictions Among the People”

What was comrade Mao speaking about when he made these comments? His topic was the democratic method. In 1942, it was explained this way: 1) beginning from a desire for/to achieve unity, 2) resolving contradictions (real differences in opinions, perspectives, positions on questions or issues) through criticism/struggle (not necessarily physical); 3) arriving at a new unity on new basis. In simpler terms: unity, criticism, unity! This was the philosophy and practice which led China to overthrow the exploitative forces draining their entire country. Before this method, the imperialists, capitalists and their allies exploited contradictions between and among the masses and political cadres; in order to maintain their strangle hold on controlling not only the means of production and the productive forces, but also the very existence of the people in all aspects of their lives. This was the oppressive reality in China and is currently the reality (although in varying degrees) in Amerikkka’s prisons.

In U.$. prisons, habitually, the method of solving problems is through hyper-masculinity, or hyper-violence. In a prison, the smallest trifle, disagreement, or unintentional act is met in overly-aggressive manners. Soon a test of wills develops, “my way or no way.” But this hyper-violence does nothing to encourage unity, class awareness, or political consciousness, and it cripples the movement. Here is the true reason why prison officials or those connected to prisons and the injustice system do nothing to avoid it, and in many cases, they actually promote hyper-violent methods. This method is detrimental to you but beneficial for accomplishing penological interests. To break this oppression, the democratic method must be foremost in our minds and practice.

Gangs, “clikas,” alliances and groups are analogous with political parties, factions and groups of like-minded individuals, in prison and society. In prison there are numerous racial tensions. There are contradictions and various other factors, not least among them, the constant oppressive atmosphere. The only ingredient not present: political consciousness. Here, Mao’s lessons can be put to good use.

The procedures of yesterday may not be the exact remedy needed for today’s problems. In prison, as in capitalist society, contradictions are normally expressed in acute antagonisms and conflicts. Many times this equates to prisoner against prisoner (rival gang members or conflicting races), or to a lesser extent, prisoner against guards. What do such conflicts achieve? Only further detriment for us. “Failure to understand…” in prison as in society, perpetuates the very causes of hyper-violence, which that same violence seeks to eliminate. Should we search for a different method, other than what the capitalist system has provided us for contradiction resolution? Can contradictions be resolved at all? Comrade Mao, in speaking of progress and difficulties says, “… not only should contradictions be resolved, but definitely can be.”

“The only method to be used in this struggle is that of painstaking reasoning and not crude coercion…” Crude coercion being the hyper-violence/violent methodology. By opening dialogue for mutual education of every class of people, with a focus on promoting a united front. By critically analyzing, debating and correcting mistaken or inappropriate political views, as well as sowing the seeds that will produce political consciousness. After a time, this process yields fruits and progress. Two prisoners from rival gangs may begin to discuss their mutually oppressive predicament. This leads to criticism, fueled by a desire to struggle against their oppression, a criticism of the available options, submission or hyper-violence, and a rejection of both. Soon these rivals (actually allies against the oppressors) come to realize the only true way: the democratic method. Following such an epiphany, they form an alliance based on refusing to continue being pawns in the game and find a new unity. Unity, criticism, unity!

While the method is practicable in U.$. prisons, Amerikkka’s prisoners, on a large scale, lack political consciousness and that is a problem. Here we must focus on educating, which goes back to our “task,” as outlined above “…we should work painstakingly and not be impetuous.” Creating more “self-determinants” as I’ve termed it in, “The Adaption of Capitalistic Controls,” (see ULK 54). For the future health of the movement, the correct political points of view must be nourished, because not to have a correct political point of view is like having no soul. A movement without a soul is dead.

A little on a problem I am having. Recently one of the ranking officers on my unit got in my face and told me “shut the fuck up bitch,” now, I am very respectful to these officers and I didn’t even snap back at the officer who did this. I would really like to know what I can do against this officer legally in response to this incident. Any info would be greatly appreciated.