MIM(Prisons) is a cell of revolutionaries serving the oppressed masses inside U.$. prisons, guided by the communist ideology of Marxism-Leninism-Maoism.
www.prisoncensorship.info is a media institution run by the Maoist Internationalist Ministry of Prisons. Here we collect and publicize reports of conditions behind the bars in U.$. prisons. Information about these incidents rarely makes it out of the prison, and when it does it is extremely rare that the reports are taken seriously and published. This historical record is important for documenting patterns of abuse, and also for informing people on the streets about what goes on behind the bars.
State repression is real in the United $tates of Amerikkka. The
Chicano Nation has undergone colonization and occupation since 1848. In
recent times our nation has developed in a way that calls for a higher
level of organization. This demand launched the founding of the
Communist Party of Aztlán, CPA (Marxist-Leninist-Maoist).
Three days after the announcement of the founding of the CPA(MLM) our
Chairman JV was arrested on trumped up charges. It is no coincidence
that the arrest of our Chairman occurred after this groundbreaking
announcement. We believe that the agents of the state have studied the
contradictions on these occupied territories and their threat assessment
highlights the threat a communist party for the Chicano nation would
pose.
Our Party has created a think tank to analyze the immediate attacks
on the Party and on Aztlán. We realize that the revisionist Trotskyite
and crypto-Trots like the CP-USA and RCP-USA are allowed to exist intact
because they pose no real threat to colonization. The CPA on the other
hand is a different story. For this reason our Party is forced to go
semi-underground.
We will not publish the names of our membership, but we will stand by
and struggle to free our Chairman of these false charges and illegal
kidnapping. It is well understood that had our Chairman been a wanna-be
capitalist or engaged in crimes against the people he would have been
left alone. The minute he stands up for the raza, repression is rained
down. This sacrifice was discussed and the necessity of the decision to
announce the founding of the Party was decided.
Our Chairman is not only completely innocent, but was targeted by the
state. This was COINTELPRO through and through. Our temporary loss of
our Chairman out in minimum security is imprisoned Aztlán’s gain. The
prisons are and always have been hotbeds of resistance, fertile grounds
where revolutionary shoots thrive. The CPA will establish its presence
and raise public opinion on both sides of the concentration kamp
walls.
Recent political frame ups with our fraternal org Communist Party of
Aztlán (CPA) has demanded that we raise awareness on political
repression and contemporary work of the Cointelhoes. We will be starting
a series on modern tactics unleashed on the oppressed nations.
We are also reaching out to the concentration kamps and to imprisoned
Aztlán to develop Republic of Aztlán (ROA) cells in concentration camps
across these occupied territories. Developing imprisoned Aztlán with
communist ideology is the first step toward liberation.
Some of our founders were trained via MIM(Prisons) study groups and
we want to revive this tradition once again. ROA chapters are autonomous
and are required to go through MIM(Prisons) study group level one before
being recognized and activated in a concentration kamp. Write in for
more info on joining the study program.
This report is to inform other comrades of the new law that was
passed called the Keep Families Connected Act in California and to
expose the sneaky tactics the state is using to bastardize it. The Keep
Families Connected Act states that as of 1 January 2023 all calls
between Us (the prisoner class) and our families and friends will be
provided at no cost to Us or our people outside.
Here in the South Bay there was no fanfare for the Act’s passing, no
bulletin from jail administration stating this, or message on our
tablets, which have the phone app most use to call home. After further
research, i was informed by a Lieutenant pig that Keep Families
Connected Act only gives free calls in CDCr facilities, and county jails
like Main Jail North are not included. Seems California doesn’t actually
give two shits about keeping families connected.
The tablets we have in California are already used to record your
voiceprint (individually distinctive pattern of certain voice
characteristics, spectographically produced) and facial biometrics
(measurement and analysis of unique facial features, especially for
verifying personal identity) which to even use the tablets you must
agree to as part of the Terms of Use.
As is so common the case, anytime the oppressive elite pigs give us
something, it’s usually poisoned, warped, and deformed to suit their
means. To utilize these free calls your people must download an app
first (for iPhone it’s GTLConnect, for Android it’s GTL Phone App). As a
former hacktivist in the early days of the Anonymous Collective, i
believe these apps could be infected with many different types of
viruses, keyloggers and spyware included. This is true for the iPhone,
despite many peoples’ false notions that Apple products cannot be hacked
into.
It also should come as no secret that the Amerikan government does in
fact spy on its people, as was exemplified by the NSA leaks by Edward
Snowden, and the revelations of the FBI’s COINTELPRO of the 1960s and
1970s.
But downloading an app is not all your family and friends must do.
Once downloaded they must make an account, which if they use their real
information, now puts a name, date of birth (and with this DMV records
can be looked up, background checks administered) and thus every
recorded conversation now has a face they can put it to. This is my
speculation and by no means proven fact, yet we should always be wary
and skeptical of anything handed to Us from the bloody paws of the
capitalist-imperialist fucks whom oppress us.
We should learn from our past experiences through study to better
identify such reforms for what they really are: Band-Aids for bullet
wounds.
MIM(Prisons) adds: This week President Biden signed an
Act to require the Federal Communications Commission (FCC) to ensure
reasonable rates for any kind of voice or video calls made from jails
and prisons in the country. To date, families and friends of prisoners
have paid ridiculous prices for phone calls to their imprisoned loved
ones. This profiteering discourages the maintenance and development of
positive relationships in the community that are important for
re-integration upon release. As such, we welcome these reforms, though
they are a small drop in the bucket of the extreme forms of social
isolation and torture imposed on hundreds of thousands of people in U.$.
prisons.
We also share the concerns of our comrade above. Though
communications into and out of prisons have always been assumed to be
monitored, the technology to do so is at another level now. And instead
of extorting families for phone fees, they are now strong-arming their
persynal and biometric information out of them, extending the arms of
the surveillance state into not just those convicted of a crime, but all
who wish to relate to them. It is hard enough to get people to avoid
such surveillance technology on the streets where people have
choices.
In the early days of Corrlinks, we could use email to communicate
with some of our subscribers. While we recognized the potential downside
of surveillance, all mail is potentially surveilled as well. However,
now that the model has developed they seem to uniformly charge money for
electronic mail to prisoners and require the installation of spyware and
giving persynally identifying information to the company and the prison.
So if you’ve tried to email us through these services and we don’t
respond, that is why.
In prisons, there are venues for prisoners who have been abused or
treated unfairly or inhumanely. When things like this happen, a prisoner
has a right to sue, but only if he can get his case to court.
The problem is that because of PLRA, or Prison Litigation Reform Act,
it’s much more difficult for a prisoner, even if he is right, to get his
case to court. In essence, PLRA requires prisoners to first exhaust the
Administrative Remedy procedure… or a grievance procedure. In Federal
Prisons, it is known as a BP.
So quick scenario; a Black prisoner is being harassed by white
officers, who: constantly use racial slurs and trash his cell, taking
his family pictures and other valuables. The prisoner tries to file a BP
to get to court. Months pass, with no success, so he tries to take it
straight to court. The court shoots down his claim, because he did not
go through proper procedure of filing a grievance. So, even if the
prisoner is right, the courts won’t acknowledge his lawsuit because he
didn’t go by the rules.
But, is the prison going by them? Let’s talk about that, and how
prisons like USP Tucson are actually breaking the rules, making it very
difficult for prisoners to properly file a lawsuit, because the
Administrative Remedy procedure is horribly flawed.
To begin, let me pull up a statement from a case law, Woodford v.
Ngo 548 US 81, 126, S. Ct 2378, 165 L.Ed 2d 368 (2006). I want to
share with you an argument a prisoner had about the grievance procedure,
and what the argument against it was:
“Respondent contends that requiring proper exhaustion will lead
prison administrators to devise procedural requirements that are
designed to trap unwary prisoners and thus to defeat their claims.
Respondent does not contend, however, that anything like this occurred
in his case, and it is speculative that this will occur in the future.
Corrections officials concerned about maintaining order in their
institutions have a reason for creating and retaining grievance systems
that provide — and that are perceived by prisoners as providing - a
meaningful opportunity for prisoners to raise meritorious grievances.
And with respect to the possibility that prisons might create procedural
requirements for the purpose of tripping up all but the most skillful
prisoners, while Congress repealed the “plain, speedy, and effective”
standard, see 42 U. S. C. §1997e(a)(1) (1994 ed.) (repealed 1996), we
have no occasion here to decide how such situations might be addressed.”
- Justice Samuel Alito
In short, this argument claims that the prisoner was incorrect that
prisons could – and do – make it much harder for prisoners to file a
grievance. After all, if the prisoner can’t file the grievance, he can’t
get to court to sue the officers. In the above case, the Black prisoner
is trying to go through the procedure, meaning he has to exhaust the
grievance procedure, before he can go to the courts. This kinda makes
sense, because one intent of the PLRA is to prevent a lot of frivolous
lawsuits by prisoners.
But in doing this, there is a flaw, one prison has used a cheat in
the procedure. Let me explain:
To begin the BP, or grievance process, a prisoner must first have an
issue… ok, check. The prisoner claims discrimination against officers,
so he has a right to file a grievance. Well, step one, as I use USP
Tucson as an example, is to get what is called a BP-8. This is the
lowest form of the grievance, and it should be available upon
request.
Problem: Here at USP Tucson, it isn’t. The prison makes a policy that
ONLY the Counselor can hand out a BP-8. So, what if the Counselor isn’t
there? You have to wait to find the Counselor, because apparently no
other officer in the world can get that piece of paper. This is already
an obstacle of due process. In other states, you can get a grievance
form from any officer, especially the ones working in your dorm. It
makes sense, they are there all day, why not allow them to pass out the
grievances?
But, if you change the rules, you then regulate how often you pass
out the grievances. Now, you can’t get a BP unless there is a certain
officer there. And if he/she isn’t there, they don’t pass them out. So,
in theory, a Counselor can stiff-arm prisoners from getting a BP, by
making excuses of not being there, or “not having any”.
I say this from a LOT of experience… this happens a lot here at USP
Tucson. Many prisoners are frustrated with the Administrative Remedy
because for most, it simply does not work. The case law implies that all
prisons want to make the grievance procedure available for the
maintaining of order, this is not necessarily true at all.
Another technique for obstructing the grievance procedure is to
simply “lose” the grievance. If you manage to corner the Counselor and
get a BP-8 form, you then have to fill it out and hand it back to them.
Problem: The BP-8 is a single white piece of paper, and once you hand it
to the Counselor, you have NO copy. So how do you know they actually
processed it? In many cases, they don’t. They either “lose” it, or
simply trash it.
So, if you can get past the BP-8, there then is a formal BP-9, which
is on carbon paper. You have to fill out the form (if you’re lucky
enough to even get one), then turn it in to the Counselor (if you can
find “Waldo”), and wait for them to give you a carbon copy, if they
don’t lose it or trash it.
Additionally, the carbon paper on the BP-9 is so poor, you have to
have the strength of the Hulk to press down, to make the copy on the
second page, let alone the third or fourth. So, the BP-9 is almost
worthless after the first copy is torn off.
If you get no responses from the BP-9, then you have to go to the
BP-10, which goes over the heads of staff. But rinse and repeat on the
procedure. It is incredibly difficult to get the forms, when in
actuality, it should ALWAYS be available to any prisoner, at any time,
by most staff members. But staff plays keep away, from prisoners, to
prevent them from getting the BP’s, so they cannot timely file.
I say all this from experience. In February, I filed a BP-9 against
staff in my dorm because they refused to give us chemicals to clean the
showers during a lockdown. Over that period of time, an average of 30
prisoners used each shower cell, and not one drop of chemicals were used
to clean it. Think about that, how many of you would walk into a shower
after 30 other people had already used it? How about 10? Even 5? No one
here should have to do that, but staff knew about it, and did
nothing.
So, I wrote a BP-9 and the Case Manager took it and “turned it in” to
the Counselor, long story short, as of this date, 9 September 2022, I
have heard nothing, and they had only 30 days to respond. My guess, they
threw it away.
This is much like cheating at chess, where we have to match wits
against a facility that seems to be dead set on preventing prisoners
from properly (and legally) filing a grievance. Let us not lose the fact
that the grievance procedure is Constitutionally protected; no officer
or staff has the right to prevent prisoners from filing.
But, if you cannot complete the grievance, you cannot get to court,
because they will claim, as the case law showed, that the inmate didn’t
do the proper work, when in fact he did all he could do, but staff
aggressively prevented him from being able to file. The courts seem to
be blind, or naive, that prison officials would actually HONOR the
grievance system.
Think about that, why would they honor a system that holds their
staff accountable? Do you really think they are going to play fair if,
in the example I gave, a Black Prisoner is trying to sue racist
officers? Do you really think they are going to let the BP’s go through,
when they can block it at every turn?
It’s like cheating at chess, and it’s also why so many grievances
fail, because places like USP Tucson have figured out the loopholes and
are exploiting them to prevent prisoners from their constitutional
rights. It happens all the time, and nobody is doing anything about
it.
I mean, take out my queen, rooks and bishops, and yeah, it’s hard for
me to win too.
MIM(Prisons) adds: This is why comrades in United
Struggle from Within initiated the campaigns “We Demand Our Grievances
are Addressed.” Comrades developed petitions for many states as well as
the Feds to appeal these issues to higher and outside authorities to try
to bypass the problem described above. This campaign has included other
tactics like filing group grievances and even taking other group actions
when grievances are ignored. In many states comrades have called for an
outside review board to address these complaints. But ultimately, there
are no rights only power struggles, so leaving these issues in the hands
of the state will only do so much. The solution to the problem is coming
together as prisoners, as the oppressed and fighting for these rights
every step of the way. That is why we must build peace and unity among
prisoners to get grievances addressed.
[The following complaint was served to the Department of Justice.]
RE: California Department of Corrections and Rehabilitation (CDCr) and
Richard J. Donovan Correctional Facility (RJDCF) Systemic Scheme of
Fraud to Misappropriate Federal Funds
I am requesting an investigative audit of all Federal Funds received
by CDCR specifically for mental health programs, services, and
activities here at RJDCF because it is clear that those funds are not
being used for intended purposes. As a participant in CDCR’s Mental
Health Services Delivery System (MHSDS) at the Enhanced Out Patient
(EOP) level of care under the Coleman v. Newsom,
2:90-cv-00520-KJM-DB(E.D.Cal) injunction, MHSDS EOP participants
are required to receive 10 hours a week of ‘structured therapy’, and
receive federal funds to provide such to prisoner participants.
Here at RJDCF EOP there are no specialty, or core, therapy groups
which treat or target the diagnosis and symptoms of MHSDS EOP
participants because mental health care providers continue to tell us
that they’re short of staff and resources.
To create the illusion of providing the 10 hours a week of required
‘structural therapy’ as so CDCR may continue to receive federal funds
for RJDCF EOP program, prisoners regular exercise yard time is being
documented as recreational therapy,(or R.T. yard), where recreational
therapist’s (R.T.’s) assigned to supervise R.T. yards are being
explicitly instructed by CDCR Mental Health Program overseers and
supervisors to embellish R.T. yard notes to give any reader the
impression that the R.T. yard activity itself was/is therapeutic, when
fact is, aside from walking around to record which MHSDS EOP prisoners
attend regular exercise yards, the R.T.’s have no contact with
any of us, yet a significant amount of such fraudulent hours are and
have been used to report compliance.
There are many MHSDS EOP participants who report receiving a regular
schedule to attend particular mental health therapy groups which does
not even exist, as there is no facilitator to provide treatment.
Then, the gist of the described systemic scheme involves CDCR’s use
of a ruse to misappropriate federal funds intended for MHSDS EOP
programs, services, and activities, thereby using such funds to pay the
salaries of its subordinates who directly supervise the EOP,
subordinates who are correctional officers (C.O.s) providing
security.
With the aid of the California Correctional Peace Officers
Association (CCPOA), CDCR and RJDCF has manufactured a need for more
C.O.s in the MHSDS EOP Psychiatric Services Unit (PSU), and divert
federal funds intended for mental health programs, services, and
activities, to custody, while these same custody C.O.s then convert the
PSU into a ‘lounge area’ where surveillance cameras throughout the PSU,
initiated by the Armstrong v. Newsom, no. 94-cv 02307-CW,
injunction, regularly record C.O.s blatant inefficiency, hosting
fiesta’s and other celebratory gatherings, and constant use of big
screen televisions intended for MHSDS EOP groups, to watch sporting
events and other shows. All this occurs in the PSU while on duty in
direct violation of well established CDCR policy at California Code of
Regulations, CCR. Title 15, sections 3394, and 3395.
With this described systemic scheme, C.O.s may continue to exploit
the MHSDS EOP, profit from such, while CDCR continues to orchestrate the
diminishing of mental health programs, services, and activities, blaming
the failure on any and everything else except the truth, which is,
despite being member of a protected class requiring mental health
services and treatment, to CDCR and it’s employees we are only a
financial asset. A prisoner’s mental health challenges are nothing more
than a bargaining chip to use to extort more money from the federal
government, to fund and fuel an already debauch state system.
Please Help Us!
MIM(Prisons) adds: Over 1.1 million people have died
from the COVID-19 pandemic in the United $tates (more than from drug
overdoses). This hit hardest among the elderly, those with pre-existing
health conditions, and since the advent of vaccines, the unvaccinated.
Strong resistance to vaccines among law enforcement has led to
disproportionate deaths. Meanwhile many who could retired early. Like
many industries, the state has struggled to replace the prison staff it
has lost due to the pandemic.
This situation has allowed for extra leverage, from the already
powerful CCPOA in California, meaning many are doing their jobs even
less than before. People are sitting in their cells, people aren’t
receiving care, people are eating sack lunches, and people aren’t
getting access to grievances. And like so many capitalists have done
during the last few years, the CDCR has cashed in on state funds that
they do not deserve.
These are signs of a struggling system. The criminal injustice system
is functioning worse and with less credibility than it has in decades.
Meanwhile, greedy kleptocrats are stealing from the state, weakening it
further. We must study these cracks in the system and find ways to
operate that push the agenda of the oppressed through independent
institutions.
Do you have any case decisions of the stimulus checks. I just
received a check for the first two payments plus interest. It totaled
$1,900.76. Of this amount TDCJ deducted $1,786.11 leaving me with
$114.65.
This is the first money I’ve had where I could go to “store” since I
got here in 2015. The deductions were for medical co-pay, indigent
correspondence and postage, and federal court fees. Another prisoner
told me that there was a federal court decision in Arkansas against the
prison system forcing them to return money deducted from prisoners’
accounts. I’m rough drafting a Step 1 grievance right now to start the
exhaustion process, then I’ll add it to the suit I’ve already started. I
intend to do the same on this censorship of ULK 79 as well. Any
information will help.
Clay v. Director of IRS Mnuchin No4:21-CV-08132-PJH
Sub Class Representative Thomas H. Clay advises all prisoners who
filed for EIP from Oct. 2020 – August of 2021 and did Not receive any
check in mail or Direct Deposit. After filing Form 1040/1040SR or letter
with SSI# and copy of such to show proof of filing; then write To:
United States District Court Northern District of California Oakland
Division Attn: Hon. Clerk/Presiding Judge 1301 Clay Street Ste 400 S
Oakland California 94612-5212
If you are filing the following criteria below:
1.Non-disabled or physically or mentally impaired prisoner in State
or Federal Prison Institution in the United States
2.Correctly filing legal letters to IRS or 1040/1040SR Form 2019/2020
from October 15,2020 thru tax season of January – August 17, 2021
3.Utilizing only Institutional Regular Legal/or Indigent Legal Mail
System in State of Federal Prisons.
Who did not receive any payment from IRS of EIP #1 #2
#3
5.In the form of “Check in Mail” or “Direct Deposit to Account”.
6.Who can “Prove upon Request” proof of the correct timely filing by:
copies of letters to the IRS office in your State area, Prison Mail Room
Record of Legal Mail logged letters showing IRS address. Indigent
mailing file showing letter sent to IRS or 1040/1040SR copies or
responses from IRS during that period from any of its offices.
7.And you were not issued any checks for EIP #1 $600.00 EIP #2
$1200.00 or CVRP/EIP #3 $1400.00 totaling $3,200.00
The court is reviewing Contempt of Court Order and Sub Class Action
from prior suit *Scholl v. Mnuchin that does not protect the rights to
amount of payment withheld from prisoners in a discriminatory manner by
IRS.
Section 272(d)(2) of the Consolidated Appropriations Act provides
that the second round of stimulus checks ‘shall not be transferable or
assignable, at law or in equity, and no applicable payment shall be
subject to execution, levy, attachment, garnishment, or other legal
process, or the operation of any bankruptcy or insolvency law.’ This
means that this round of stimulus checks may not be garnished to cover
overdue debts by federal or state prisons.
Scholl v. Mnuchin, et al. No.4:20-cv-05309-PJH ND Cal.; Appeal
Docket No. 20-16915 9th Circuit Court of Appeals ruled in favor of
prisoners getting stimulus checks while incarcerated. The checks in
question should not be confused with the most recent $1400 checks under
current President Joseph Biden. It was the $1200 and $600 checks under
President Donald Trump that were ruled on.
The Court ordered ADC to place any federal relief and stimulus funds
in a sequestered account if it continues to confiscate those funds. It
must maintain records of how much money it confiscates from each
prisoner and what amount is paid for court fines, fees, costs, and
restitution. While ADC may return the confiscated excess funds to
prisoners, it may not otherwise disburse those funds until the end of
the lawsuit. See: Lamar v. Hutchinson, USDC, ED AR, Case
No. 4-21-cv-00529 (2021).
The Court then turned to decide whether confiscation of the money was
a violation of procedural due process. It found no violation when it
came to confiscation for the purpose of paying off court fines, fees,
costs, or restitution.
It did, however, find a violation when it comes to diverting the
excess funds to the inmate welfare fund and the Inmate Care and Custody
Account. The Court noted there were no post deprivation remedies
available, for the ADC’s grievance procedure provides a challenge to
“issues controlled by State or Federal law or regulation” a
“non-grievable issue.” The Court concluded the confiscation of the
monies did not violate substantive due process or the Takings
Clause.
We hope this information is helpful. While we still stand by the
conclusion that these stimulus checks are an attempt to buy off the U$
population at the expense of the third world, we won’t hold unrealistic
notions about how this money can be used for our goals of
Anti-Imperialism and building up USW. We also have a censorship pack
available as well, having relevant caselaw and regulations for fighting
censorship on the legal front.
Notes: Prison Legal News, Nov 1 2021, Preliminary Injunction
Bars Arkansas from Confiscating Prisoners’ COVID Stimulus
Money
“No man can tell the intense agony which is felt by the slave, when
wavering on the point of making his escape. All that he has is at stake…
The life which he has may be lost, and the liberty which he seeks may
not be gained.” -Frederick Douglass, 1845
We are made to persist. That’s how we find out who we are.
The Khufu Foundation thanks you for being part of the solution! The
following is an update on the lawsuit, Hicks v. Guiterrez, et al, 6:
22-cv-134. It contains both good and bad news. The bad news is that
the District Court has dismissed the case with prejudice, which was not
unexpected. The good news is the cases he used are not on point, plus he
failed to thoroughly address an issue of First Impression “The
Cumulative Effect.”
For those of you who have tablets, go to law library and read exactly
what the District Judge has to say for yourself. We have given notice of
appeal, and await a word from the 5th Circuit giving us a number to seek
COA. Before we give our argument in brief, let us give you a word
directed to the right that can save you a few dollars as well as allow
you to move much faster through the Courts than the §1983. We have
learned that these same issues can be attacked with an application for
Writ of Habeas Corpus – see the tablet has a wealth of information,
particularly the Law Library; there are literally thousands of cases at
your fingertips. Yet, the tablet can turn you into a zombie, who feeds
on nothing but music and movies.
Now, here is what we will take to the 5th Circuit:
Whether the Cumulative Effect of the Texas Constitution, Texas
State Law Statutes, the Administrative Procedures Act, and the Rules and
Regulations of the board combine to give a Reasonable Expectation that
the parole procedure will be conducted with a modicum of just and fair
treatment – see Wilkonson v Austin, 125 S.Ct. 2384
Whether Applicant was denied Equal Protection of the Law as
compared to other prisoners who can review their parole-file/transcript,
because they can afford an attorney, see Griffin v Illinois, 76 S
Ct. 585 and Register v Thaler, 681 F. 3d 623
Whether Applicant has been denied a fair and just parole hearing
where the defendants fail to follow the APA and their own rules without
meeting the Constitutional minimum regarding parole review – see
Parrat v Taylor, 101 S. Ct. 1909 and Leggett v Williams,
277 F. App’x 498, 500 (5th Cir. 2008)
Whether Applicant was denied a meaningful participation in his
parole hearings when he was not allowed to review his parole file to
challenge all false and/or derogatory information contained therein,
when Board Members have admitted that there is often false and/or
inaccurate information in parole-files. – see Johnson v TDCJ, 910
F.Supp. 1208
This information is supplied in the hope that each of you will do
your research and continue to fight.
North TX AIPS adds: This is a follow up to Texas
Prisoners Launch Attack on Parole System printed in Under Lock
& Key 78. This lawsuit is an attempt for parole reform in Texa$
and was launched May of last year (2022). It is in response to
continuous denial of parole for many prisoners based on commitment of
the crime, rather than behavior while incarcerated, and to argue that
the Board Members are not protected against suit according to the Ex
Parte Young Doctrine:
“In determining whether the doctrine of Ex Parte Young avoids an 11th
Amendment bar to suit, a federal court need only conduct a
straightforward inquiry into whether the complaint alleges an ongoing
violation of federal law and seeks relief properly characterized as
prospective.” Const. Amend.11 - See Verizon MD. Inc v. Public
Service Commission of Maryland, 535 U.S. 635, 122 S.Ct. 1753 and
McCarthy ex rel Travis V. Hawkins, 385 F.3d 407, 412 (5th Cir.
2000)
While some of the demands as previously stated are in line with the
Juneteenth Freedom Initiative, as revolutionaries our focus is on the
building on independent institutions of the masses, rather than working
for parole reform. We are building on our Re-Lease on Life program and
encourage anyone whose interested to write us and start to work on study
and strategy for revolution.
As the assassination date of our redeemed comrade Stanley Tookie
Williams Sr. approaches (December 13th), this will mark 17 years that
our beloved brother, comrade, and C.R.I.P co-founder Stanley Tookie
Williams Sr. was deliberately assassinated by the U.$. imperialist’s
“Correctional Institute (Colony) Repressive Penal System.” It is our
esteemed comrade Stanley “Big Tookie” Williams Sr. along with comrade
Raymond Washington who founded the C.R.I.P.s in 1969. Stanley Big Tookie
Williams ran the West Side Cribs (“Cribs” eventually became “CRIPS” by
1971) and comrade Raymond Washington ran the East Side CRIPS. There was
a small neighborhood community after school center on the East Side of
Los Angeles, California where comrade Raymond Washington and his friends
hung out after school playing pool called the “Community Resource Inner
City Project Service” (C.R.I.P.S).
From this Community Resource Inner City Project Service the “CRIPS”
would form into a bastard party of the former remnants of the Black
Panther Party (a community based nationwide Black nationalist
organization who operated free breakfast programs in the poor
disenfranchised sections of the ghettos and Brown barrios and promoted
“self defense” against U.$. terrorist government sanctioned racial
violence).
Originally when Raymond Washington and Big Tookie Williams joined up
the East Side and West Side CRIPS were about protecting their
communities against other “white” gangs who came into Black
neighborhoods to start trouble and violence against Black people in
general. The C.R.I.P.S. (Community Revolutionary Inter-Party Soldiers)
promoted Community Revolution in Progress (C.R.I.P.) yet over the years
ended up becoming a “self destructive” force which ended up being
consumed by Black self-hatred and non-political violence.
Eventually Comrade Raymond Washington was murdered in the streets of
East Side South Central Los Angeles. He was assassinated by a car of
unknown assailants, in 1979. Comrade Stanley “Big Tookie” Williams was
wrongfully framed by the U.$. government on gruesome murder charges that
he did not commit (and in which he maintained his innocence up until his
dying day). Big Tookie was falsely convicted by a racist court system
and jury which ended up landing him on California’s Death Row at San
Quentin State Prison in the early 1980’s.
Ten years prior to Stanley “Big Tookie” Williams’ arrival, San
Quentin State Prison was the assassination scene of the bold, brilliant
and beautifully courageous revolutionary activist, author and
revolutionary theoretician Comrade George Lester Jackson on 21 August
1971. Jackson was moved to the Adjustment Center in San Quentin on
murder charges of killing a Soledad correctional officer. 25 year old
Officer Mills was beaten to death and thrown over a 30 ft. tier in
Soledad Central “Y” Wing Facility. There was a note in Officer Mills
pocket that said “One down 2 to go” in reference and in retaliation for
3 Black prisoners shot and killed in cold blood by a racist Soledad
prison guard name Officer O.G. Miller. One of the dead convicts was W.L.
Nolen, a close friend/mentor of Comrade George. In February 1970 George
Jackson, John Clutchette and Fleeta Drumgo would formally be charged
with the murder of Officer John Mills. Since Comrade George already was
serving sentence of one year to life, death on a non-inmate under
California law at that time meant an automatic death penalty for Comrade
George, even though the state had no evidence that George Jackson, John
Clutchette, or Fleeta Drumgo (who become known as the “Soledad
Brothers”) killed Officer Mills.
George Jackson was an activist and revolutionary advocate of the
prisoner class revolutionary movement, “Black family”, and August 7th
movement founder – a movement he founded in remembrance, honor and in
tribute to the death (murder) of his little 17-year-old brother Comrade
Jonathan Jackson whom on 7 August 1970 took a bag full of guns into a
courthouse in Marin County (not far from San Quentin State Prison where
his brother Comrade George was housed). Brother Jonathan Jackson
Sr. calmly took over a courtroom where three Black prisoners were on
trial. Jonathan gave the three guns then took the Judge, District
Attorney and 2 Jurors hostage demanding that the “Soledad Brothers” be
released immediately in exchange for the hostages. Sad to say Jonathan
never made it out of the parking lot as over 200 shots by Marin County
Officers were unloaded into Jonathan’s Hertz rental van. Jonathan was
murdered immediately.
The only sole survivors in the van with Jonathan was one of the three
Black prisoners (Comrade Ruchell Magee - whom is still incarcerated to
this very day despite his deteriorating health) and the District
Attorney who was permanently paralyzed and confined to a wheelchair.
A year and 2 weeks later on the 21st of August 1971 prison
authorities concocted an outrageous story to justify the assassination
of George Jackson. San Quentin Prison officials claimed that Comrade
George tried to escape leading six other prisoners out of the adjustment
center allegedly slicing three prison guards’ throats and killing two
snitch prisoners. They claimed George Jackson had a gun and the guards
assassinated Comrade George from the Gun Tower. The state (San Quentin
Prison officials) deliberately murdered/assassinated Comrade George.
Upon investigation, George would’ve beat his case had he went to trial
and very well may have got out of prison. Check out Under Lock and
Key No. 79 Winter 2022 article “History
(and Myth) of a Comrade Should Inspire Us” Written by USW51 for more
on Comrade George. It’s a very well written and detailed article.
How does this relate back to our Comrade Stanley “Big Tookie”
Williams Sr.? Well there are a lot of apparent correlations connecting
these two comrades beginning with the criminal “injustice” system and
the systematic oppression and “judicial lynching” of both these
wonderful Black Brothers (and of Black and Brown males in this U.$.
imperialist country in general).
George Jackson entered the California Penitentiary System in 1960
with an indeterminate sentence of “one (1) year to life” for the
conviction of a gas station robbery that resulted in the theft of
$60.00. Even though evidence was in Jackson’s favor and Jackson
adamantly professed his innocence of the crime, his court appointed
attorney convinced Jackson that if he would only plead guilty to a
lesser offense that he would receive some light county jail time,
instead the racist court judge sentenced Jackson to prison for one year
to life.
“CRIP” co-founder Stanley Tookie Williams Sr. up until the day of his
assassination/execution proclaimed his innocence of the murder charges
that he had been wrongly convicted of, yet the racist criminal injustice
system with no real tangible evidence put Big Tookie Williams on trial
and concocted lies in order to assassinate, execute and “judicially
lynch” Stanley Tookie Williams Sr. because he was a threat to the upper
status quo and had been amassing power (revolutionary potential and
Black leadership skill/charisma) and was “leader” of a fast growing
“C.R.I.P” - (Community Revolutionary International Party) which
possessed major revolutionary potential. The U.$. government had to
“contain” him since he could become a potential “Black messiah.” So just
like Comrade Geronimo Ji Jaga Pratt the U.$. government framed Stanley
Tookie Williams Sr.
Comrade George Jackson while incarcerated became autodidactic (self
taught); he studied Marx, Lenin, Mao, political science and political
economy, Engels, Stalin, Huey. Jackson was made Black Panther Party
‘General/Field Marshall’ by Huey Newton while he was incarcerated he
become “politically conscious,” reshaped and transformed his Black
criminal mentality into a revolutionary mentality. Comrade George
redeemed himself and achieved redemption through his willingness,
determination, self discipline, self-taught education through books.
Comrade George changed and reformed his criminal thinking, Jackson
refused to participate in all “non-political” violence (gang mentality),
George Jackson practiced a very special bastardized style of martial
arts as well as Kung Fu called “Iron Palm” and worked out 6 to 8 hours a
day doing “1000” fingertip pushups a day. Comrade George also authored
two classic political treatises of Black revolutionary literature
“Soledad Brother” and “Blood in my Eye” and one underground book titled
“Communist Manifesto.” Jackson typed laboriously on his typewriter in
his small prison cell, he wrote position papers that dealt with various
political-socio issues such as prison life, economics, and the corrosion
of Amerika’s military-prison industrial-corporate capitalist culture and
circulated these papers throughout and outside prison walls.
For his political/revolutionary activities he was rewarded with
isolation and segregation in Soledad’s “O”-wing administrative
segregation unit and San Quentin’s A/C Lockup where often times his cell
was “welded” with a lock shut. Once that proved not to be enough, he was
set up to be killed.
Stanley Tookie Williams Sr. had undergone a very drastic
revolutionary change after his imprisonment as well, a quite remarkable
one. Stanley Tookie Williams Sr. was autodidactic, self-taught through
reading and politically conscious. He also studied political science,
economics, socio-behavior and psychology to better understand himself
and his negative subconscious programming and “learned” behavior. Big
Tookie Williams studied about the Black Panther Party, Huey Newton,
Bobby Seale, Comrade George Jackson, Nelson Mandela, and Steve Biko.
When Williams Sr. read the infamous “Willie Lynch Document” he was
angered and shocked at how this white slave master from the Caribbean
islands in the early 1700’s had managed to create such a nefarious,
diabolical, cruel and methodical “self-hate” system (which would become
known as the “plantation psychosis”) which would sink seeds of mistrust,
and self hatred, and self-sabotage within our subconscious, unconscious
minds that some 400 years later it is encoded in our (Black folk)
culture and is the primary root of “Unkle Tom-ism” disunity, hatred,
violence, mistrust and cowardice amongst our people, we were
“programmed” negatively to behave this way with one another. The slaves
were taught, whipped, beat, tamed, feathered, set on fire, lynched,
pregnant Black women had their precious unborn fetuses cut out of their
stomachs and stomped on in front of their faces by the white slave
masters, and Big Tookie Williams, Comrade Raymond Washington and their
peers and “rival” Black teens were just lashing out against one another
out of fear, and “self-hate,” the “plantation psychosis” of Willie Lynch
indoctrination. This was the source, the generations of negative
subconscious programming fostering and festering within Black
communities… This was the primary cause of his “Blue Rage.”
[Editor’s Note: While a powerful story that
motivated Tookie and others, Willie Lynch is a myth. Uncle Toms are the
natural outcome of the dialectic of oppression observed across cultures
and time.]
While on San Quentin’s death row Big Tookie decided with utter
conviction he would transform and change. Williams Sr. now being
politically-socially revolutionary conscious sought “redemption” (“Black
redemption”). Mr. Stanley Tookie Williams Sr. started writing several
children’s books that taught peace, and strongly advocated and promoted
diversion from joining gangs and drug abuse, peer pressure to help in
steering children in a “positive”, productive, peaceful life in today’s
society. Mr. Williams even took on a Kiswahili name (Ajamu Ajani) that
reflected his cultural, mental, spiritual transformation. Stanley Tookie
Williams Sr. was even allowed to conduct and operate a podcast from San
Quentin’s State Prison’s death row to educate the public and youths
across Amerika of the failures and downfalls of “gangbanging.” Big
Tookie Williams used his own three hour phone calls on the tier to call
and speak to youth in middle and high schools and interacting and most
importantly patiently and sincerely answering any and all questions
these students may have had (on his own time; even though he knew that
his time was very limited).
Mr. Williams Sr. tried to teach peace and had helped organize the
peace truces between the Bloods and Crips in the early 90’s.
Mr. Williams published a sincere and very self critiquing, deeply
introspective memoir before his assassination by the $tate called
Blue Rage, Black Redemption. In fact, Jamie Foxx had played the
part of Williams in a television movie, “Redemption: The Stan Tookie
Williams Story.” Williams was nominated for the Nobel Peace Prize.
Celebrities such as Snoop Dogg, Bianca Jagger, Rev. Jesse Jackson, Judge
Greg Mathis, Daz Dillinger and Jamie Foxx tried to gain a stay on his
execution, but on 2005 December 13th, the U.$. government dealt a huge
blow to gang peace truce leaders, and had California prison authorities
at San Quentin State Prison execute/assassinate long-time ‘reformed’
death row prisoner Stanley Tookie Williams Sr. (Ajamu Ajani).
This goes on to prove without a doubt that the U.$. government and
global white imperialist truly “fear” gangbangers and criminals becoming
“revolutionary indoctrinated” and converting into “revolutionary
political soldiers” fighting for the liberation of our oppressed New
Afrikan people’s and all oppressed people’s throughout all colonies of
North Amerikkka and globally. Those who are victims of “plantation
psychosis,” imperialism, capitalistic avarice, racism, police brutality,
and systematic oppression!
So it’s right now, right here that I give honor and tribute of
remembrance to both of these redeemed political giants Comrade George
Lester Jackson and our beloved Blue Dragon Comrade Stanley Tookie
Williams Sr. as his “return to the essence” date approaches this 13
December 2022 (17 years) after his state/government sanctioned
assassination.
Rest in Power Big Tookie
MIM(Prisons) adds: Tookie Williams dedicated one of his
books to a list of mostly revolutionary figures, including George
Jackson. This was one reason given by Governor Arnold Schwarzenegger to
deny clemency for Tookie. Schwarzenegger said it indicated that he saw
violence as a means to address societal problems, and then proceeded to
use violence to kill Williams. Meanwhile, everything coming out of
Tookie was about promoting peace, and gang truces, and getting kids out
of gangs. As MIM Notes pointed out at the time of Tookie’s
murder, it is hard to know where his ideology was at the time because
the state literally had a gun to his head every time he spoke.(1)
Whether pacifist or revolutionary, there is no doubt that Tookie had
abandoned the negative aspects of his past in order to serve his
community and oppressed people around the world. As demonstrated so
vividly in the book Prisoners of Liberation, this was the goal
of prisons in socialist China, true reform.(2) And with true reform came
redemption and reintegration into society. But not for Amerika, there is
no redemption for the oppressed.
Tookie happened to be born into a neighborhood where the U.$.
government was importing drugs and weapons to create chaos in response
to the organizing of the Black Panther Party in cities like Los Angeles.
Oliver North, who oversaw the Iran-Contra Scandal that brought cocaine
to the streets of the United $tates while serving on the National
Security Council, now serves as high-paid political commentator and
appears on mainstream news shows these days, while Tookie was killed by
the state.
Notes: 1. HC93, 14 December 2005, Tookie, Another
Casualty of War, MIM Notes No. 329, January 2006. 2. Allyn Rickett
and Adele Rickett, 1973, Prisoners of Liberation, Garden City, NY:
Anchor Press. $8 from MIM Distributors.
The Nevada Department of Corrections (NDOC) is currently holding me
in Ad-Seg because of a bootlicking inmate’s claim that I am his enemy. I
have never had an enemy in my almost 20 years in prison. The real reason
is due to my current litigation against the NDOC due to their violations
to my civil rights.
Enclosed is a copy of a DOC-3012 form, I encourage you to print it in
the next ULK issue without censorship in an effort to expose
the responders for what they are! I’m also sending you a copy of a
“Snivel Kite” I was given after reporting the DOC-3012 response to
Correctional Officer Alfonso Alvarez. I encourage you to print it as
well.
11 October 2022 – Around 2:05 AM, Tuesday morning, I was jolted out
of my sleep by a familiar sound. Yes, that familiar sound of Strike
Force rushing into the pod to execute one of their surprise raids. I
didn’t even have to get out of my bed to see what was going down. Like I
said, it’s a familiar sound of feet stomping, door slamming, guards
shouting, and dogs barking.
An elder Panther told me years ago to always observe the guards
during raids just in case they violate the constitutional rights of a
fellow prisoner – or even worse kill one of us. So, I got up to witness
the chaos out of practice. The scene is always the same.
During the wee hours of this Tuesday morning, Strike Force,
accompanied by institutional investigators, were rushing to a
pre-selected number of cells (my cell was not chosen this time. Thank
god!), banging on cell doors to confuse and disorient occupants. Inside
the cells, people were forced to strip naked, lift their testicles,
squat and cough, and bend over, reach back, and spread their butt cheeks
(this is done in full view of officers looking from the front and
behind) before handcuffing their hands behind their back. The K-9s (drug
sniffing dogs) were taken into each cell to find drugs, which always
create sanitary issues, because the dogs sometimes sniff, lick, and
tread on our bed sheets and laundry, leaving behind dirt, drool, and
possibly feces. Replacement sheets and laundry are never issued, and
they weren’t this time.
Strike Force then entered and ransacked each cell in search of any
contraband the K-9s couldn’t find. Their personal property, including
letters and family photos, are tossed around the cell for good measure.
A lot of property is trashed and confiscated.
Other strike force members searched areas in the pod – in the trash
cans, in the showers, under tables, on top of ceiling lights – for
contraband that may have been hidden there.
I observed the chaos for two hours before getting back in bed to
sleep. I found out later that this pod, B1, had been placed on lockdown
all day Tuesday for unspecified reasons. We were allowed out of our
cells on Wednesday morning.
I’ve been subjected to these surprise pre-dawn raids many times
during my imprisonment. And I can tell you they are quite dehumanizing
and retraumatizing. Can you imagine being jolted from your sleep in the
early morning, being forced to strip naked and bend over and spread your
butt cheeks while a stranger stands behind you and looks in your anus
for contraband? It is so humiliating and emasculating. And every time
I’ve been asked to do it, something inside me (perhaps my manhood?)
always makes me want to refuse. Because deep down inside, I know it is
not done to find drugs, but to remind us we have no agency. And that
prison staff have utter and complete control over every aspect of us,
even the most intimate parts of our bodies. But refusal means a write
up, a rousting, time in solitary, or more time in prison. So, what can
we do?
What I and many other incarcerated folks can refuse to do is be
silent by writing about these abuses and sending them out into the free
world hoping they’ll change people’s perceptions of these prisons and
how the people locked in these cages are being treated in the name of
“public safety”.