MIM(Prisons) is a cell of revolutionaries serving the oppressed masses inside U.$. prisons, guided by the communist ideology of Marxism-Leninism-Maoism.
MIM Distributors says no notification to publisher is illegal
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Ombudsman Coordinator
Texas Department of Criminal Justice
PO Box 99
Huntsville, TX 77342-0099
April 3, 2012
RE: Censorship incident occurred at Lewis Unit ? exclusion of publication sent to prisoner XXX from MIM Distributors
Dear Ombudsman Coordinator,
I am writing this letter about a censorship incident that recently occurred at Gib Lewis Unit in Woodville, Texas.
MIM Distributors sent the above named prisoner a newsletter titled Under Lock & Key No. 23 (November/December 2011). This newsletter was mailed via Standard Presorted Mail with the USPS on November 18, 2011.
We recently learned from the prisoner (Mr. XXX) that he never received the publication listed above. I am writing because MIM Distributors did not receive any notice of censorship determination from your Department or the mailroom staff at Lewis Unit.
The TDCJ Board Policy-03.91 (rev. 2) "Uniform Offender Correspondence Rules" states at Section IV E "If a publication is rejected, the offender and sender shall be provided a written notice of the disapproval and a statement of the reason for disapproval within 72 hours of receipt of the publication on a Publication Denial Form. Within the same time period, the offender and sender shall be notified of the procedure for appeal. The offender shall be given a sufficiently detailed description of the rejected publication to permit effective use of the appeal procedures. The offender or sender may appeal the rejection of the publication through procedures provided by these rules."
Additionally, both the sender and the prisoner have a right, under the First Amendment and the Due Process Clause of the Fourteenth Amendment of the U.S. Constitution, to receive notice and an opportunity to be heard when prison administrators or staff prevent the sender?s expressive materials from reaching their intended recipients (Procunier v. Martinez, 416 U.S.396. 94 S.Ct 1800, as reaffirmed on the point by Turner V. Safley, 482 U.S. 78 (1987) and Thornburgh v. Abbott, 490 U.S. 401 (1989) and Montcalm Publ'g Corp. v. Beck, 80 F.3d 105, 106 (4th Cir.), cert. denied, 519 U.S. 928 (1996)).
In refusing to provide notice and an opportunity to be heard to the publisher (MIM Distributors), under local policies and/or practices, prison administrators and staff violated clearly established constitutional law and acted under color of state law for purposes of 42 U.S.C. ? 1983.
With the present letter, MIM Distributors requests:
1. to know what determination has been made over the mentioned publication;
2. in case of a negative determination, to be notified of the reasons of the censorship decision, and to be offered a chance to appeal the exclusion of its materials;
3. and that all future decisions to censor material from MIM Distributors to anyone held in Lewis Unit be accompanied by procedurally and legally required notification to the publisher and prisoner.
We appreciate your assistance in this matter and look forward to your response.
Sincerely,
MIM Distributors
CC: Affected parties
Cody Ginsel, Senior Warden
Gib Lewis Unit
777 FM 3497
Woodville, TX 75990
Michael Upshaw, Region I Director
Texas Department of Criminal Justice
Region I Director?s Office
1225 Avenue G
Huntsville, TX 77340
MIM Distributors says we were not notified of censorship
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Ombudsman Coordinator
Texas Department of Criminal Justice
PO Box 99
Huntsville, TX 77342-0099
April 3, 2012
RE: Censorship incident occurred at Lewis Unit ? exclusion of publication sent to prisoner xxx from MIM Distributors
Dear Ombudsman Coordinator,
I am writing this letter about a censorship incident that recently occurred at Gib Lewis Unit in Woodville, Texas.
MIM Distributors sent the above named prisoner a newsletter titled Under Lock & Key No. 23 (November/December 2011). This newsletter was mailed via Standard Presorted Mail with the USPS on November 18, 2011.
We recently learned from the prisoner (Mr. xxx) that he never received the publication listed above. I am writing because MIM Distributors did not receive any notice of censorship determination from your Department or the mailroom staff at Lewis Unit.
The TDCJ Board Policy-03.91 (rev. 2) "Uniform Offender Correspondence Rules" states at Section IV E "If a publication is rejected, the offender and sender shall be provided a written notice of the disapproval and a statement of the reason for disapproval within 72 hours of receipt of the publication on a Publication Denial Form. Within the same time period, the offender and sender shall be notified of the procedure for appeal. The offender shall be given a sufficiently detailed description of the rejected publication to permit effective use of the appeal procedures. The offender or sender may appeal the rejection of the publication through procedures provided by these rules."
Additionally, both the sender and the prisoner have a right, under the First Amendment and the Due Process Clause of the Fourteenth Amendment of the U.S. Constitution, to receive notice and an opportunity to be heard when prison administrators or staff prevent the sender?s expressive materials from reaching their intended recipients (Procunier v. Martinez, 416 U.S.396. 94 S.Ct 1800, as reaffirmed on the point by Turner V. Safley, 482 U.S. 78 (1987) and Thornburgh v. Abbott, 490 U.S. 401 (1989) and Montcalm Publ'g Corp. v. Beck, 80 F.3d 105, 106 (4th Cir.), cert. denied, 519 U.S. 928 (1996)).
In refusing to provide notice and an opportunity to be heard to the publisher (MIM Distributors), under local policies and/or practices, prison administrators and staff violated clearly established constitutional law and acted under color of state law for purposes of 42 U.S.C. ? 1983.
With the present letter, MIM Distributors requests:
1. to know what determination has been made over the mentioned publication;
2. in case of a negative determination, to be notified of the reasons of the censorship decision, and to be offered a chance to appeal the exclusion of its materials;
3. and that all future decisions to censor material from MIM Distributors to anyone held in Lewis Unit be accompanied by procedurally and legally required notification to the publisher and prisoner.
We appreciate your assistance in this matter and look forward to your response.
Sincerely,
MIM Distributors
CC: Affected parties
Cody Ginsel, Senior Warden
Gib Lewis Unit
777 FM 3497
Woodville, TX 75990
Michael Upshaw, Region I Director
Texas Department of Criminal Justice
Region I Director?s Office
1225 Avenue G
Huntsville, TX 77340
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