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 request information about censorship
Show Text
Warden (A) Connie Gipson
California State Prison - Corcoran PO Box 8800
Corcoran, CA 93212-8309
March 14, 2012
RE: Censorship incidents occurred at California State Prison - Corcoran ? exclusion of publications sent to Mr. XXX
Dear Warden Gipson,
I am writing this letter about what seems to be a censorship incident that occurred at CSP-Corcoran. MIM Distributors sent the above mentioned prisoner a pack of mail on October 13, 2011.
Precisely MIM Distributors sent Mr. XXX:
? a letter titled "Poetry Writing Guide for Under Lock & Key"
? a letter titled "Invitation to join Introductory Study Group"
? an article titled "Maoism Around Us"
? and a study group assignment titled "Study group assignment 1"
We recently learned from the prisoner that he never received these materials. Nor did he receive any notice or determination from your Department explaining whether and why the publications were censored. MIM Distributors did not receive any notice of censorship determination either.
Your DOM states at sections 54010.16 and 54010.21.3 that respectively prisoners and publishers have to be notified of negative determinations and entitles both the sender and the recipient to appeal rejections of publications and letters.
As of now, it is impossible for us to understand why the letters and publications haven?t been delivered to the inmate and whether or not the Administration has decided to censor them.
As you are certainly aware, the U.S. Supreme Court has clearly stated that 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 plain and striking contradiction with these principles, neither the prisoner, nor MIM Distributors were notified of the censorship decision or actually of any decisions that the Mailroom staff has made with regard to the publication sent to Mr. Barnett.
In refusing to provide notice and an opportunity to be heard to both the prisoner and 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.
In addition, the practice of holding publications and/or letters for an indefinite time without providing notice of any determination is certainly unconstitutional, as it does not satisfy the obligation that the prison administration has to provide both the sender and the recipient with a decision in a reasonable time and ultimately frustrates the right that both the sender and the prisoner have to appeal a negative determination.
With the present letter, MIM Distributors requests
1) to know whether or not a determination has been made over the mentioned letters;
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) We also request that adequate notice be provided to the prisoner.
We appreciate your assistance in this matter and look forward to your response.
Sincerely,
MIM Distributors
PO Box 40799
San Francisco, CA 94140
MIM Distributors says no notification is illegal
Show Text
Warden (A) Connie Gipson
California State Prison - Corcoran PO Box 8800
Corcoran, CA 93212-8309
March 14, 2012
RE: Censorship incidents occurred at California State Prison - Corcoran ? exclusion of publications sent to Mr. XXX
Dear Warden Gipson,
I am writing this letter about what seems to be a censorship incident that occurred at CSP-Corcoran. MIM Distributors sent the above mentioned prisoner several different publications and letters.
Precisely MIM Distributors sent Mr. XXX:
? Under Lock & Key 18 (January/February 2011) sent on 01/28/2011
? Under Lock & Key 19 (March/April 2011) sent on 03/24/2011
? Under Lock & Key 20 (May/June 2011) sent on 05/27/2011
? a letter dated 06/10/2011
We recently learned from the prisoner that he never received these materials. Nor did he receive any notice or determination from your Department explaining whether and why the publications were censored. MIM Distributors did not receive any notice of censorship determination either.
Your DOM states at sections 54010.16 and 54010.21.3 that respectively prisoners and publishers have to be notified of negative determinations and entitles both the sender and the recipient to appeal rejections of publications and letters.
As of now, it is impossible for us to understand why the letters and publications haven?t been delivered to the inmate and whether or not the Administration has decided to censor them.
As you are certainly aware, the U.S. Supreme Court has clearly stated that 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 plain and striking contradiction with these principles, neither the prisoner, nor MIM Distributors were notified of the censorship decision or actually of any decisions that the Mailroom staff has made with regard to the publication sent to Mr. Barnett.
In refusing to provide notice and an opportunity to be heard to both the prisoner and 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.
In addition, the practice of holding publications and/or letters for an indefinite time without providing notice of any determination is certainly unconstitutional, as it does not satisfy the obligation that the prison administration has to provide both the sender and the recipient with a decision in a reasonable time and ultimately frustrates the right that both the sender and the prisoner have to appeal a negative determination.
With the present letter, MIM Distributors requests
1) to know whether or not a determination has been made over the mentioned letters and publications;
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.
We also request that adequate notice be provided to the prisoner.
We appreciate your assistance in this matter and look forward to your response.
Sincerely,
MIM Distributors
PO Box 40799
San Francisco, CA 94140
MIM Distributors says no notification to deny mail is unconstitution
Show Text
Warden (A) Connie Gipson
California State Prison - Corcoran PO Box 8800
Corcoran, CA 93212-8309
January 24, 2012
RE: Censorship incidents occurred at California State Prison - Corcoran ? exclusion of publication sent to Mr. xxx
Dear Warden Gipson,
I am writing this letter about what seems to be a censorship incident that recently occurred at CSP-Corcoran.
On November 18, 2011 MIM Distributors sent the above mentioned prisoner the publication Under Lock & Key issue 23 (November/December 2011). We recently learned from the prisoner that he never received this publications. Nor did he receive any determination of your Department explaining whether and why the publication was censored. MIM Distributors didn?t receive any notice of censorship determination either.
Your DOM states at sections 54010.16 and 54010.21.3 that respectively prisoners and publishers have to be notified of negative determinations and entitles both the sender and the recipient to appeal rejections of publications and letters.
As of now, it is impossible for us to understand why the letters and publications haven?t been delivered to the inmate and whether or not the Administration has decided to censor them.
As you are certainly aware, the U.S. Supreme Court has clearly stated that 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 plain and striking contradiction with these principles, neither the prisoner, nor MIM Distributors were notified of the censorship decision or actually of any decisions that the Mailroom staff has made with regard to the publication sent to Mr. xxx.
In refusing to provide notice and an opportunity to be heard to both the prisoner and 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.
In addition, the practice of holding publications and/or letters for an indefinite time without providing notice of any determination is certainly unconstitutional, as it does not satisfy the obligation that the prison administration has to provide both the sender and the recipient with a decision in a reasonable time and ultimately frustrates the right that both the sender and the prisoner have to appeal a negative determination.
With the present letter, MIM Distributors requests
1) to know whether or not a determination has been made over the mentioned letters and publications;
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.
We also request that adequate notice be provided to the prisoner.
We appreciate your assistance in this matter and look forward to your response.
MIM Distributors says not notifying of censorship is onconstitutional
Show Text
Warden Connie Gipson
California State Prison - Corcoran
P.O. Box 8800
Corcoran, CA 93212-8309
January 24th, 2012
RE: Censorship incident occurred at California State Prison - Corcoran ? exclusion of publications and letters sent to prisoner xxx by MIM Distributors.
I am writing this letter about what seems to be a censorship incident that recently occurred at CSP-Corcoran.
MIM Distributors sent the above mentioned prisoner, among others, issues no. 22 and 23 of a publication titled Under Lock & Key (respectively on 9/21/2011 and on 11/18/2011) and a letter on 10/12/2011.
We recently learned from the prisoner that he never received the publications or the letter. Nor did he receive any determinations of your Department explaining whether and why the materials were censored. MIM Distributors didn?t receive any notice of censorship determination either.
Your DOM states at sections 54010.16 and 54010.21.3 that respectively prisoners and publishers have to be notified of negative determinations and entitles both the sender and the recipient to appeal rejections of publications and letters.
As of now, it is impossible for us to understand why the publications and the letter haven?t been delivered to the prisoner and whether or not the Administration has decided to censor them.
As you are certainly aware of, the U.S. Supreme Court has clearly stated that 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 plain and striking contradiction with these principles, neither the prisoner, nor MIM Distributors were notified of the censorship decision or actually of any decisions that the Mailroom staff has made with regard to the publications and the letter sent to Mr. xxx.
In refusing to provide notice and an opportunity to be heard to both the prisoner and 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.
In addition, the practice of holding publications and/or letters for an indefinite time without providing notice of any determination is certainly unconstitutional, as it does not satisfy the obligation that the prison administration has to provide both the sender and the recipient with a decision in a reasonable time and ultimately frustrates the right that both the sender and the prisoner have to appeal a negative determination.
With the present letter, MIM Distributors requests
1. to know whether or not a determination has been made over the mentioned publications and letter;
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.
We also request that adequate notice be provided to the prisoner.
We appreciate your assistance in this matter and look forward to your response.
Sincerely,
MIM Distributors
CC: Affected parties
02/23/2012
Prisoner reports receiving ULK after MIM Distributors's letter went to the warden
MIM Distributors protested the censorship of ULKs 22 and 23 at CSP Corcoran. The prisoner reported receiving this letter after MIM Distributors's letter went to the warden.
