Virginia Prisons

I am writing to bring you up to date on my litigation against the Commonwealth of Virginia related to the unlawful censorship of ULK and other literature. I am preparing to file my second tort action against the Commonwealth for the rejection of ULK 48. This will make the second claim I’ve filed in response to rejections of MIM literature.

I’ve chosen the state tort route due to the higher chance of success and because the 4th circuit is notorious for siding with the state in such matters. Further, eventually the risk management will get tired of seeing claims of the same nature with the same plaintiffs and defendants, and while it may take time, I believe if enough comrades use the same tactic the issue will be resolved. Prior to incarceration I was the IT Department manager at a card payment company. When I got a dozen emails complaining about a website being blocked in the office I often just removed the block since it was easier than being hassled all the time. I’m hoping risk management responds likewise.

It may be helpful to share my tactic of “bombard the bastards with paperwork” with others. Strength in numbers, you know. In Virginia, a notice of claim is free to file and requires little to no legal skill - just fill out the form, state the relevant facts, include supporting documentation and mail it to Richmond.

During the six month response period comrades will have time to develop their notice of claim into a finely crafted petition to file in court in the event risk management doesn’t reply or doesn’t provide relief. A tort action is also much cheaper than a 1983 suit since the cost is based on the value of the action, and if the relief sought is simply the delivery of the publication and that the prison get in compliance with the constitution, and so long as there is no security threat in the publication, chances are there will be a positive outcome. That’s my goal anyway. Nobody wants to get sued six times a year and nobody wants to get sued six times a year by a hundred people over the same matter. In my tort claims I am naming the Warden, Publication Review Committee and the mailroom as defendants. I’m asking only that the publications be permitted, that the review process be in compliance with relevant statutes and case law, and that this be applied to all MIM publications. I am not asking for money damages simply because it’s a free publication; nor am I claiming any mental anguish or emotional distress, besides, who would believe that a bunch of “commies” would get all emotionally scarred because their newsletter was rejected?

Hopefully it helps. I feel that as revolutionaries we must use every tool available against imperialism, and the tort claim is one of those tools.

Step-by-Step Tort Claim

1. Save all relevant documentation related to the rejection of the publication. Make copies!

2. Complete the entire grievance process. If you get no reply within two weeks send a request form to the mailroom to ask why.

3. Request further details about why the publication was rejected such as page number, any specific articles and the like. Try to get more information from the publisher if you can, such as their side of the story about what the alleged offensive material is, where else the publication has been delivered or similar.

4. Upon exhaustion of your administrative remedy, draft your notice of claim. This is not your petition to file in court, it is only a statement of facts and a request for relief. State only the relevant facts, why the rejection is unfounded and include any supporting evidence. Do not lace your claim with opinions or try to claim the Warden is out to get you. (Unless you have evidence he is!)

5. As you write your claim, when you reference a documented fact make a note of where to find that fact. Mark each documented fact with some way to easily identify it. Ex: “On July 3 the Warden replied to my request for more information. He told me to go f*ck myself. (See Exhibit 4, Paragraph 3, Line ‘A’)”

6. Notarize and copy your notice of claim. Make a copy to send to risk management, the commonwealth attorney and as a bonus to each defendant. Include your claim and all supporting documents. You keep the original.

7. Begin crafting your Notice of Claim into a well-written petition to present to the court in the event you don’t get any relief. If after six months you haven’t gotten any relief take it to court!

   This has worked for me several times without having to go to court. It can work for you too!

It has been over 90 days since I filed an appeal over ULK 47 and I have received no reply. I filed the appeal for ULK 48 on 29 February, also receiving no reply. As for the theory journals, they have not been delivered nor have I been notified of their rejection. It seems that at this facility communism of any form is heavily censored.

I did get your guide to fighting censorship and I reference the case law and the gang definition in each appeal I file over a rejection of ULK. It has been most useful, however, it has done little to curb the level of political and religious censorship happening here at River North Correctional Center.

I was told that ULK 48 was rejected due to gang material being found on pages 8 and 18 but no further description has been provided. Being that gangs are typically imperialistic in their actions where related to violence and criminal actions I suspect that any anti-imperialist group wouldn’t promote gang activity.

MIM(Prisons) responds: This censorship of Under Lock & Key in prisons with the justification that it promotes gang material is becoming more common. And of course it is very difficult for prisoners to appeal this censorship when they have no access to the material to disprove the “gang material” claim. This comrade is correct to point out that the biggest gangs are the imperialists, who carry out organized violence and criminal actions around the world. What the prisons claim is promoting gang activity is in fact MIM(Prisons) promoting a United Front for Peace in Prisons, urging lumpen organizations and their members to come together and end the struggle between prisoners in favor of unity to fight the injustice system. Those in power will always come up with labels to put down those who resist, whether it is “terrorist” or “gang member” or “criminal.” But we know that the real terrorists and criminals are the imperialists. Write to us for a copy of our guide to fighting censorship.

Nine days ago this prison was put on lockdown. Four days later the warden said it was merely our usual quarterly lockdown. But we know he is full of shit. There are too many irregularities.

The “quarterly” lockdown was done last month. Quarterly lockdowns always begin on a Sunday evening; this one started Friday afternoon. During quarterly lockdowns no one nor anything is permitted out of the cells until the cells are searched, and support staff (school teachers, counselors, etc.) bring our meals to our cells. During this lockdown we’ve taken our trash and our laundry out, and we pick up our trays on the pod.

An officer told us the reason. A prisoner in another building had his throat cut. The pigs are trying to keep it secret, claiming it’s “gang related.”

But here are the facts. This prison has been open for two years without any major issues or incidents of violence. Then, in August Warden Walrath took over and every day new policies are enforced that do nothing more than aggravate and harass prisoners. Guards start ordering us to stop rolling up our pants legs even though the legs of the pants hang four to six inches past our feet. Our beards, fingernails, and hair length is checked. Tooth brushes are confiscated on the pretext these can be used as weapons. Parallel red lines 18 inches apart are painted down sidewalks, and we are forced to walk between them. If one prisoner steps outside, all 96 men are put on lockdown. Prisoners are marched to the gym with their hands on their heads. They are forced to stand in this humiliating and painful (for some) position for hours simply to amuse the pigs. Prisoners are told they can no longer wear thermal underwear except in their cells; no wearing it outside during cold weather. Three upper level employees - a Major, a Lieutenant, and a unit manager - each check every bed to see if it is made. Their combined annual salaries easily surpass $100,000.

But it appears no one was being paid to find shanks to keep one prisoners from nearly killing another. It is a lack of wisdom and leadership to enforce policies that only aggravates an already disturbed, desperate group of people. Within two months of Warden Walrath’s arrival and take over, a prisoner is nearly murdered. Apparently, confiscating toothbrushes doesn’t make prisoners safe.

I propose you cease mailing your materials to me. I am still going to contribute articles for you to publish. I have an issue of ULK that I’ve saved in order to show others who you are, what you represent, and so forth. I will use this to encourage them to work with you.

I have considered filing a lawsuit. But upon reviewing decisions in the Fourth Circuit Court of Appeals, it is plain that the court sides with the prison system except in cases involving religious books. (The one non-religious victory: the court did rule in favor of a prisoner denied Ulysses by James Joyce because the prison permitted Playboy and the prison’s claim that Ulysses was disapproved for sexual content is ludicrous and hypocritical.)

When it comes to political materials – especially radical views – the court is extremely conservative. The Fourth Circuit (which hears appeals from the nine federal district courts in Maryland, Virginia, West Virginia, North Carolina, and South Carolina) also has the dubious distinction of being the harshest toward prisoner complaints.

MIM(Prisons) responds: We are working with this comrade and a few others in Virginia to determine how best to proceed with the censorship against MIM(Prisons) in that state. We agree that the legal track record in the Fourth Circuit suggests that it’s not worth the effort for a prisoner to file a lawsuit fighting the censorship. There is some precedent for organizations and individuals outside of prison having better luck and we do have some strong comrades like this one who can help with legal work. But we need an outside lawyer, knowledgable individual, or organization who can help spearhead the fight in Virginia. If anyone reading this has people on the outside who would be willing to work with us on this important battle, please let us know. And if you are in Virginia, be sure to tell us whether or not you are receiving your copies of ULK, and if you’d like to help with this battle.

In the end this comrade is right that it is only in the long battle that we can really win, when we take power for the oppressed out of the hands of the oppressors. But in the short term, making it possible for comrades to get study and organizing materials behind bars is of critical importance because this is how we can build the movement. Education is our principal task, and this education is hard to accomplish without the ability to communicate and study.

I was in building B2 and saw officers Lawson and Gibson starve a prisoner for 3 days straight because the prisoner wrote them up for messing with him.

We were in the hole in B2, in segregation. When we get fed we have a box on our door. The officer puts the food in and then slides this piece of metal to the side so we can reach in to get the tray and put it back. All trays have tops on, and this is how they get away with it on camera. The tray is empty when they get to the cell, but with the top on the camera just shows them placing the tray in the box. If someone writes them up the officer will claim he delivered the food, but the whole time there was never anything on the tray.

To punish prisoners who expose them, the officers do things like plant knives in their cells to do a staged cell search, or put the person in segregation to have better control over them.

The main two people who call all the hits here at Red Onion Prison are Walter Sweeney, the Unit Manager for B building, and Yonce, Unit Manager for A building. They both use the word “nigger” here frequently with prisoners. The warden does nothing; he lets the unit managers run this place however they want.

MIM(Prisons) adds: There is no justification for torture of prisoners, yet it happens all the time in the Amerikan prison system. This description of deliberate starvation in Virginia in retaliation for prisoners exercising their legal rights fits in with the overall goal of the criminal injustice system as a tool of social control. There is nothing rehabilitative or corrective about these actions. This is why we call for a complete dismantling of the system. We are not just writing about a few bad apples perpetrating evil deeds, while the rest of the system is otherwise working well. Prisons help control oppressed populations within the United $tates for the imperialists. We won’t be able to end this through the legal system that is part of the overall criminal injustice system. That doesn’t stop us from taking on legal battles when they are winnable, but at the same time we must build a movement that can take down the entire system.

Enclosed is the grievance I submitted regarding ULK 39. As you may notice, the Chief of Corrections Operations A. David Robinson, upheld the decision of the Publication Review Committee to censor the publication. But if you read the third paragraph of Robinson’s response you will notice he refers to the prison denying “the books.” Obviously, Robinson failed to do his job.

His job is to review the publication to see if the censorship is justified. Since ULK 39 is a newsletter and not “books,” he could not have reviewed them. Robinson is paid at least $50,000 annually (perhaps double that). Isn’t that too much to pay a rubber stamp yes man?

People in combat zones get paid less than Robinson, yet he cannot be bothered to actually perform his duty. Instead he simply acts as a robot automatically approving the actions of his flunkies beneath him.

Also notice the date of the response is December 17, but I didn’t receive it until January 20. I conjecture that the date is false - the man missed the 20-day deadline but back-dated it. He had only until 21 December to respond but he probably responded January 17.

MIM(Prisons) adds: This is an example of just a few of the responses we get when attempting to fight censorship of MIM(Prisons) literature. There is never any legitimate reason behind the censorship, but it’s easy for prison administrators to run our comrades around in circles with false claims and delays. These are very difficult to appeal because the appearance of a response to a grievance is sufficient for higher level rejections. Nonetheless, everyone who faces censorship should be appealing it, and we can provide a guide to fighting censorship for those who need some help. Please also report on the outcome of your appeals and let us know what support we can send to help with the fight. This is a critical part of the educational work we do behind bars.

I’ve been doing follow up on your letter of 10 September 2014 to the Publications Review Committee [regarding the inclusion of MIM publications on the Master Disapproved list]. So far I’ve discovered three different Disapproved Publications Lists. To clear up the confusion I wrote to the law library requesting the most recent list. Instead of receiving the list, I was instructed to obtain the list from the pod librarian. I attempted to do so, but the pod librarian has only the Disapproved Books List and not the Disapproved Periodicals List. Of course, MIM Theory and ULK are on the latter, not the former. I’ve submitted yet another request for the Disapproved Periodicals List. If I am not given the list this time, I will initiate the grievance.

In your response to Lou Cei you indicate that he states MIM Theory and ULK have been disapproved for reasons other than the reasons on the Disapproved List I sent to you. Lou Cei also states that 5 of the MIM Theories are on the list as approved for inmate purchase.

I have located a Disapproved List that is dated March 2014. This is not the most recent updated list. It does have 4 MIM Theories listed as approved and 3 MIM Theories listed as disapproved. But here is the problem: the rows and columns of the chart are not in agreement. For example, the publication titled “Mermaids” shows an author “Elijah Muhammad” but on the row directly below is the book “Message to the Black Man in America” showing as author “C. Gatewood.” Obviously the column listing the author’s names is out of sync with the column listing titles. So it then becomes impossible to know if the column that lists the approval status is correct. For instance, Mermaids is disapproved but Message to the Black Man is approved.

Since I’m unable to have the list photocopied I copied pertinent portions by hand:

MIM Dist. Level 1 Study Group Disapproved
MIM Theory 2&3 Approved
MIM Theory 4 Approved
MIM Theory 11 Disapproved
MIM Theory 13 Disapproved
MIM Theory 9 Previously Disapproved
MIM Theory 5 Diet for a Small Red Planet Approved
MIM Theory M. Baalbaki Approved
Under Lock & Key #37 Disapproved
Under Lock & Key Feb. 2011 Disapproved
Under Lock & Key #15 Disapproved
Under Lock & Key #27 Disapproved
Under Lock & Key July/Aug 2013 Disapproved
Under Lock & Key #25 Disapproved
Under Lock & Key #37 Disapproved
Under Lock & Key #37 Disapproved
Under Lock & Key #20 Disapproved
Under Lock & Key #26 Disapproved
Under Lock & Key #23 Disapproved
Under Lock & Key #36 Disapproved
Under Lock & Key #28 Disapproved

To further muddy the waters, this list shows certain publications that are approved whereas the other lists show only those publications that have been disapproved.

MIM(Prisons) adds: This is a good example of the difficulties we encounter trying to appeal censorship in Amerikan prisons. We are often given incomplete or incorrect information, when we can get the prisons to respond to our protest letters at all. And prisoners trying to do the work to gather policies and lists in order to file the appropriate grievances are given the run around and denied necessary information. In spite of this, we do win censorship battles through perseverance. This comrade is doing the hard work of fighting on h end, and so we will continue to support this battle with letters of protest of our own. We encourage all prisoners whose mail is denied to follow up and file grievances. And let us know what’s going on and what steps you are taking so we can support your fight from our end.

Censorship is nothing more than an attempt by the prisons to keep us from raising the level of education and political consciousness of prisoners. Material that educates and organizes is disapproved, often as a “threat to the security of the institution,” while material that pacifies (the bible, pop culture magazines and fiction novels) is allowed in. Politically we are opposed to the U.$. prison system; the revolution we are fighting for to overthrow imperialism will put an end to the criminal injustice system in the United $tates. But this is a political question, which our bourgeois democracy deems illegal for government agencies to repress discussion of. The practical question of whether literature sent to prisoners by MIM Distributors is a threat to the institutional safety and security is clearly answered in the negative, as we know that prisoners who get involved with political organizing are less likely to engage in violent conflicts with other prisoners and with the prison staff.

Since my last correspondence I’ve experienced the greatest oppression in my entire 8-year sentence. This past week or so also presented me with revelation into the power of positive energy and the adverse effects of negative energy, which can affect your mental and physical health.

At Sussex II State Prison, a pig ran in and dribbled my head 3 times between his knee and the ground, when I was cuffed and already grounded. Then, that same pig tossed me in the box and stuck his knee in my neck with intensive force. At this same time, my arm was being bent so far back that breaking it was highly anticipated. Furthermore, my ankles and thumb were in the hands of the pigs. My thumb had nerve damage for 2 or 3 months.

At Red Onion State Prison I was sprayed for a false claim of assault by a super redneck. The pig first grabbed the shackles as if he was going to strike me with them, he looked around, and then had his partner use the can. They rinsed me fully clothed, returned me to storage and then I tried to refuse to give up the leg irons. They then took me out on the block and tackled me to the ground. During this they twisted me, bent my fingers and yelled “stop resisting.” Afterwards I was stripped naked and 8-10 pigs placed a turtle suit on me - chained me - and left me for about 15 hours. This happened because the officer refused to correct my negative meal, and I stuck my arm out of the slot because of it.

Those are just two of the oppressive events I experienced in kaptivity.

This week though, it was oppression from kaptive residents. The oppression came by high energy/high volume gossip, to spread wildfire word of myself being homosexual. The fire starter(s) knows nothing about me, knows no one within or outside the block who knows me, and has no evidence of such activity. Fifteen to twenty people whispered this around. The way this happened in a rapid and collective manner, you would’ve thought I was of great status and/or a part of a group that calls for questioning and violation. I got into a 30-second-or-so bullshit fight and received rejection from workout crews. The fight was with a comrade who was supposed to be a good friend and solid individual, but he needed to protect himself and reputation, so he got defensive and helped the spread.

My point in presenting this is: I’m not gay and this event is coming my way at a time when my sentence is over. I’ve never seen or heard of this shit before. It was so collective and everyone possible was engaged. Yet, never is this type of bullshit/energy applied to the fight against the true enemy of imperialist oppression. We have to acknowledge that in order to get others to move within/for the struggle, the key influencing factor(s) have to be identified.

MIM(Prisons) responds: This report of abuse by the guards is nothing new to the pages of ULK, though it is important to remind our readers on the streets of the brutality of prison guards and document it for our records. But this report of prisoner-on-prisoner attacks in the form of gossip and attempts at character assassination is particularly important for us to discuss.

This is an example of the lack of unity in prisons across the United $tates, where, as this comrade points out, more energy is put into attacking other prisoners than into fighting the true enemy of imperialism. But just as important, we want to address the use of gender in this particular attack. Claiming someone is gay as an insult or character attack is a more fundamental problem than just disunity. This is no different than accusing someone of being Chicano as if that would be an insult. We can not allow the oppressors to divide us along lines of gender or nation. Sexual orientation and identity are not a measure of a persyn’s character. We should look to people’s work fighting oppression, the way they treat others, and their political outlook. Lowering ourselves to considering labels and gender/sexual orientation/identity as decisive is putting ourselves on the level of the pigs who lock up and beat up people for the very same reasons.

We must build a United Front of all prisoners, coming together against the common enemy of imperialism. Reject the guards’ attempts to pit prisoners against each other.

I am in receipt of your introductory letter to the Prisoners’ Legal Clinic and a copy of my edited article that’s published on your website. Since the publication of the article, the prisoner who had previously been denied schooling is now enrolled. Your efforts and exposure had a positive impact!

Unfortunately, the other materials you have sent, Under Lock & Key, the study group materials, etc., continue to be censored. I’m awaiting the final decision of the Publication Review Committee, so I may send you their notice should you choose to file a lawsuit challenging the censorship.

With the appeal of my conviction for Encouraging a Group Demonstration being decided against me, I am not permitted a prison job. While I did not expect a favorable decision, I was stunned that the final arbiter explicitly admitted that I am punished, “Not for what you did, but for why you did it.”

Of course the U.$. Constitution guarantees freedom of belief and speech. And the United Snakes Supreme Clout whose “justices” are the final interpreters of the constitution of the United Snakes have repeatedly ruled “[N]o citizen may be punished for his beliefs but only for his actions.”

My point is, I was “convicted” inside the gulag for “encouraging prisoners to refrain from commissary purchases.” This action is not a violation of the rules because no prisoner is required to purchase commissary. So the reasons that I encouraged prisoners not to purchase commissary - or my beliefs - are supposed to be immune from punishment. Yet the Virginia Department of Corruptions explicitly stated I was punished not for what I did but for why I did it.

I’m having the decision of the Virginia Department of Corruptions reviewed by some associates for consideration of filing a lawsuit. But to be frank, it has been my experience that for a prisoner in the gulag, the Constitution of the United States is most useful only when my roll of toilet paper is empty.

A paper document has no power. Ask the crime victims who’ve been beaten by the perpetrators who stepped across the boundaries of the “protective orders.” Ask the black and brown people of the south who were beaten for voting even when a piece of paper stated this harassment was unlawful. The Constitution of the United Snakes says we have protected liberties, but the festered minds of the so-called “justices” are filled with pus, and they repeatedly ooze phrases telling us prisoners that the Constitution really does not say what is written therein. These pus-filled minds are fond of saying, in the prison context these god-given rights for humanity are subjugated to the objectives of the go-vermine-ment.

Think about that, my friends. Supposedly, the Constitution of the United States grants the God-given liberties that are basic and essential to human life, but those liberties are permitted in prison only as long as they are not contrary to a legitimate government objective. (read Thornburgh v. Abbott, 490 U.S. 401 (1989)). By implication, this means the government has objectives that are contrary to what is basic and essential to human life.

MIM(Prisons) adds: This prisoner’s report comes in as we are building for the September 9 Solidarity Demonstration this year. This day of peaceful unity and protest, commemorating the date of the Attica uprising has resulted in punishment of participants in past years. We cannot let them frighten us into inaction, but organizers need to take account of local conditions when deciding what actions to take on September 9. Prisoners can write to us for the September 9 organizing materials, which includes some background on the Attica uprising.

Enclosed is a notice that the Level 1 study group material you mailed to me has been forwarded to Publication Review Committee for disapproval. One of the reasons for disapproval is “material whose content could be detrimental to the offender rehabilitative efforts…” I must ask, What rehabilitative efforts? I’m serving a sentence of double-life plus 46 years. I’ve been incarcerated since June 1988. I’m not eligible for any school programs. I’m not enrolled in any treatment programs. Nor do I have a job inside the prison.

Further, the Virginia Department of Corruptions, um, Corrections (VADOC) is truly ignorant and incompetent in the realm of rehabilitative programs. In the 1990s the recidivism rate in the Commonwealth of Virginia ranked among the highest in the nation. VADOC’s bungling efforts at rehabilitative programming proved so abysmal that the state legislature abolished both parole and early release good-time credits in July 1995. With the governor’s blessing the prisoner population and VADOC’s fiscal budget exploded. According to ABC news, prisoners in Virginia serve more time in prison now than any other jurisdiction except Florida.

This “Commonwealth of Virginia” is in truth a “colony” - a bastard child of the united snakes of amerikkka. Like father, like son this colony operates as a slave plantation of the kkkapitalist kkkrackers, with a major exception: no one is directly profiting from the labor of prisoners. But the labor aristocracy is profiting from our incarceration while giving us materials enough to simply keep us alive.

My friends, notice that these prison autocrats also say that the materials from MIM(Prisons) “…emphasize depictions or promotions of violence, disorder, insurrection, terrorist, or criminal activity in violation of state or federal laws…” Yet these same prison autocrats suck their livelihood from the tits of the United $tates whose founding fabricators once wrote that when people face a destructive government “…it is the right of the people to alter or to abolish it, and to institute new government…” What was Common Sense? Why were Crispus Attucks and four other men martyred? What was the volatile resolution of the First Kkkontinental Kkkongress?

On 1 May 2014, the united snakes of amerikkka warned that “global terrorism is on the rise.” Since the kkkapitalist pigs refer to any threat to their hegemony as terrorism, then the revolutionary has reason to strengthen h resolve. The evidence reveals the pigs are in perpetual distress, and this is most fitting. If the U.$. truly is the “greatest nation on earth with the best form of government,” then why does more than half of the world’s population seek to destroy amerikkka and amerikkkans? Indeed, an ever growing number of so-called amerikkkan citizens wish only for the abolition of the current go-vermine-ment.

MIM(Prisons) adds: This censorship is a blatant example of the criminal injustice system’s real goals in the United $tates. There is no rehabilitation in this system. It is merely a tool of social control. The MIM(Prisons) prisoner study group is one of the only educational opportunities for prisoners in Virginia, and education has been demonstrated to have significant positive effects on reducing recidivism of prisoners. So in denying prisoners this material VADOC proves its focus on maximizing incarceration and sentencing. The “detrimental” effects on rehabilitation can only refer to our positive impact on prisoners and their ability to get by on the streets without returning to prison.