MIM(Prisons) is a cell of revolutionaries serving the oppressed masses inside U.$. prisons, guided by the communist ideology of Marxism-Leninism-Maoism.
Response to Director from MIM Distributors
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Lowell Clark, Director
Utah State Prison (USP)
PO Box 250
Draper, Utah 84020
04 April 2009
Director Lowell Clark,
We received a letter from your secretary, Angie Stevens, dated March 10, 2009. In response to your request, with this letter I've included an envelope that was refused from your facility.
Working with mailroom staff, Warden Steve Turleu and Inmate Grievance Coordinator Billie Casper have been informing prisoners at Utah State Prison of policy stating that "[m]ail, other than first class mail, privileged and/or religious should not be allowed for inmates on Intensive Management. Mail other than first class, privileged and religious shall not be permitted and includes, but is not limited to newspapers, magazines, pamphlets, brochures, etc. (FDr25/02.10 G; FDr25/03.01)"
Established caselaw prohibits frivolous censorship and requires that censorship be backed up by legitimate penological interests of the institution. Specifically, Turner v. Safley, 482 U.S. 78, and Morrison v. Hall, 261 F.3d 896, 900, fn.4 (9th Cir. 2001) are relevant to this issue. What you're doing is against the law. We request that you follow law, and that you enforce your employees' compliance with the law.
Lowell Clark, Director
Utah State Prison (USP)
PO Box 250
Draper, Utah 84020
28 February 2009
Director Lowell Clark,
This letter is to inquire about mail that was returned to sender from your facility stating, ?Refused.? The mail was from MIM Distributors and contained issue 6 of their newsletter Under Lock & Key, which was refused to the following prisoners: Mr. A, MR. B, Mr. C, Mr. D, Mr. E, Mr. F, Mr. G, Mr. H, Mr. I, Mr. J, Mr. K, Mr. L, Mr. M, Mr. N, Mr. O, Mr. P, Mr. Q, Mr. R, Mr. S, and Mr. T.
Can you please explain why this mail was returned and on what basis was judged to be ?refused? from Utah State Prison?
Lowell Clark, Director
Utah State Prison (USP)
PO Box 250
Draper, Utah 84020
04 April 2009
Director Lowell Clark,
We received a letter from your secretary, Angie Stevens, dated March 10, 2009. In response to your request, with this letter I've included an envelope that was refused from your facility.
Working with mailroom staff, Warden Steve Turleu and Inmate Grievance Coordinator Billie Casper have been informing prisoners at Utah State Prison of policy stating that "[m]ail, other than first class mail, privileged and/or religious should not be allowed for inmates on Intensive Management. Mail other than first class, privileged and religious shall not be permitted and includes, but is not limited to newspapers, magazines, pamphlets, brochures, etc. (FDr25/02.10 G; FDr25/03.01)"
Established caselaw prohibits frivolous censorship and requires that censorship be backed up by legitimate penological interests of the institution. Specifically, Turner v. Safley, 482 U.S. 78, and Morrison v. Hall, 261 F.3d 896, 900, fn.4 (9th Cir. 2001) are relevant to this issue. What you're doing is against the law. We request that you follow law, and that you enforce your employees' compliance with the law.
Media Review Committee
Cayuga Correctional Facility
PO Box 1186
Moravia, NY 13118-1186
5 April, 2009
Dear Sir/Madam,
This letter is regarding a history of censorship of mail sent by MIM Distributors to readers being held in Cayuga Correctional Facility. Most recently, mail sent to Mr. XXX, Mr. YYY and Mr. ZZZZ was all returned with a stamp reading, ?Return to Sender Not on Approved Correspondence List.? Is there a regulation particular to Cayuga that requires someone to be put on an approved list to send mail to someone there? If so what is the process to get on that list?
We know this is not a systemwide regulation as MIM?s mail gets to prisoners throughout the NYSDOCS. We hope to resolve this issue with you soon.
Media Review Committee
Cayuga Correctional Facility
PO Box 1186
Moravia, NY 13118-1186
5 April, 2009
Dear Sir/Madam,
This letter is regarding a history of censorship of mail sent by MIM Distributors to readers being held in Cayuga Correctional Facility. Most recently, mail sent to Mr. XXX, Mr. YYY and Mr. ZZZZ was all returned with a stamp reading, ?Return to Sender Not on Approved Correspondence List.? Is there a regulation particular to Cayuga that requires someone to be put on an approved list to send mail to someone there? If so what is the process to get on that list?
We know this is not a systemwide regulation as MIM?s mail gets to prisoners throughout the NYSDOCS. We hope to resolve this issue with you soon.
MIM requested explanation of what law we advocated to break
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Mr. Michael Thurmer, Warden
Waupun Correctional Institution
PO Box 351
Waupun, WI 53963-0351
17 March 2009
Dear Mr. Thurmer,
I am writing regarding the enclosed notice of censorship of mail from MIM Distributors. The notice claims that the newsletter Under Lock & Key teaches or advocates breaking the law. Not only is this statement false, in addition every issue of Under Lock & Key explicitly discourages prisoners from breaking any laws.
As you are probably aware, the recent case of XXXXXX v. Raemisch, (W.D.W.I. 2008), re-established that it is illegal for prison administrators to censor publications because they encourage actions that are critical of the actions of the department they work for. Therefore I am requesting that you either cite where the publication advocates breaking the law and what law it advocates breaking, or that you ensure that Mr. XXXXXX receives Under Lock & Key.
Please note that the envelope was postmarked March 9, 2009, so it would have been impossible for us to respond within 10 days of the decision as stated on the notice.
Warden Mike Mahoney
Montana State Prison
400 Conley Lake Road
Deer Lodge, MT 59722
February 28, 2009
Warden Mike Mahoney,
This letter is to inquire about mail that was returned to sender from your facility stating, ?Rejected, Violates Policy.? The mail was from MIM Distributors and contained an introduction to their organization. It was refused to Mr. XYZ.
Can you please explain why this mail was returned and what policy it is violating at Montana State Prison?
This letter is to inquire about mail that was returned to sender from your facility stating, ?Contents not Allowed.? The mail was from MIM Distributors and contained issue 6 of their newsletter Under Lock & Key, which was sent to Mr. XXX and Mr. YYYY.
Can you please explain why this mail was returned and on what basis was judged to be ?not allowed? at Eastern Correctional Institution?
This letter is to inquire about mail that was returned to sender from your facility stating, ?Contents not Allowed.? The mail was from MIM Distributors and contained issue 6 of their newsletter Under Lock & Key, which was sent to Mr. XXX and Mr. YYYY.
Can you please explain why this mail was returned and on what basis was judged to be ?not allowed? at Eastern Correctional Institution?
Bill Wilson, Superintendent
Westville Correctional Facility
5501 South 1100 West
Westville, IN 46391
28 February 2009
Superintendent Bill Wilson,
This letter is to inquire about mail that was censored by your facility to Mr. XYZ. The mail was from MIM Distributors and contained issue 5 of their newsletter Under Lock & Key, mailed on 11/22/2008. Also censored was a magazine from MIM Distributors titled "MIM Theory #8: Anarchist Ideal," mailed on 9/12/2008.
Can you please explain why this mail was censored by Westville Correctional Facility?
Peter J. Murphy, Warden
MacDougall-Walker C.I.
1153 East Street, South
Suffield, CT 06080
February 28, 2009
Warden Murphy,
This letter is to inquire about mail that was censored by your facility to Mr. XYZ due to "safety and security" reasons. The mail was sent from MIM Distributors and the publications censored include MIM Notes issues 330 and 331, MIM Theory #8, and Under Lock & Key issues 2 and 5. This mail was sent from MIM Distributors during the time period of September through November 2008.
Can you please explain why this mail was censored by MacDougall-Walker Correctional Institution?