Under Lock & Key

It has been a while since I’ve sent you anything due to all the time involved with fighting the Texa$ Legalized Mafia (Texa$ Department of Criminal (in)Justice) in Federal Court. But I’ve got to the point that I had to make a report on the advances I’ve made in our struggle.

1. I sent a letter (which a copy of is enclosed) to the Medical Practice Manager on my Unit who works for University of Texas Medical Board (UTMB). I was reimbursed $100 of the $400 I owed them. Upon his response I sent him another letter informing him that though I was thankful for that, it was not enough, I wanted it all back. The next day it was done. Enclosed is a copy of the first letter I sent to the UTMB Practice Manager. I only have one stamp right now, so I will send the rest of the paperwork when I get a chance.

2. My lawsuit against the Texas Board of Criminal Justice is going great. The Court shot down the Ass. Att. General Leah O’Leary’s Motion to Dismiss and her Supplemental Motion for Summary Judgment and gave me until September 9, 2016 to have all my Despositive Motions in. I’ve already done that and filed two complaints of Bad Faith on the Defendants’ part for attempting to defraud the Court on several occasions. I’ve asked for two separate sanctions ordered and for the Court to order a Default Judgment in my favor. It won’t be long and we will get the Revision to Board Policy-03.91 Correspondence Rules repealed.

My next 1983 Lawsuit in Federal Court against the Texas Board of Criminal (in)Justice is going to be over them violating our 14th Amendment right of equal protection under the law, which prohibits sexual/gender discrimination, due to their grooming standard policy. Women who are incarcerated in Texas can grow their hair as long as they want to, but men can’t have it very long at all. This is a gender-neutral act and the state is discriminating between the sexes/genders. I’ve already gotten my informal resolution back from Warden Butcher at Terrell Unit and filed my Step 1 grievance. When it comes back I will file my Step 2 and so on into Federal Court.

Once I finish that one I am going to file against them for slowly but surely denying us due process by removing the tools we need to fight against unconstitutional acts. First in September 2014 they hid the Offender Grievance Operations Manual, and now I read in your latest ULK that they banned the Jailhouse Lawyers Handbook.

It is unbelievable how people watched me struggle day in and day out every day with this fight, and started donating paper, pens, envelopes, and documentation to help me. Please send me everything you can on the ban on the Jailhouse Lawyers Handbook and the Offender Grievance Operations Manual. Right now I’m in Ad-Seg because I was given 5 bogus major cases and an illegal use of force. They didn’t use a chemical agent; they had it on hand but instead just beat me for 30 minutes on tape.

MIM(Prisons) responds: We commend this comrade on eir commitment to continuing eir lawsuits which benefit all prisoners in Texas, even though ey is facing persynal physical retaliation from prison staff.

We know that unfortunately the retaliation is more consistent than the victories. So while we support this comrade’s efforts at this stage in our struggle, we also know that legal action alone won’t put an end to the litany of abuses. What we ultimately need is to organize for self-determination of all oppressed peoples worldwide, including the internal semi-colonies within U.$. borders. Until we are free from Amerikkkan imperialism, we will always have a need for these lawsuits, and face even worse conditions. In the meantime, we organize, educate and try to carve out space for our survival.

I am a Missouri Prisoner in Jefferson City. I have been in the SHU for over a year and the COs here, staff, caseworkers, nurses, etc are illegally keeping inmates in the SHU longer than necessary, refusing inmates medical attention, refusing inmates meals, harassing and assaulting inmates. I could list about a hundred more ways these capitalists are breaking the law.

I came to the hole for an alleged “guard assault.” I got charged with 1st degree assault on law enforcement and convicted with 20 years ran in with my current sentence.

When I first got thrown in the hole for this I was placed in a highly air conditioned cell in nothing but my boxers and shirt. No mattress, blanket or anything; save my toilet. I was like this for a month. Correctional Officers (COs) repeatedly maced me. When maced I was given nothing but a rag to clean it up with. COs refused me my meals and constantly made threats to “get rid of” me. When I finally got a mattress it was covered in piss from its previous user. The same day I got pulled out and my mattress taken. The pigs said I tore it up and wrote me up for destruction of state property charging me $68. My mail from my family was constantly coming up missing and the mail I sent out wasn’t getting to my family/friends. I was on a box called SSO (Safety Security Observation) for 5 months where I couldn’t get haircuts, use nail clippers, or get visits.

When I finally got written up for this so-called “incident” I was written up for 1.1 murder. The only thing is at the very bottom of the violation “attempt” was in parenthesis. This was done to keep me in solitary for as long as they want. According to their 1.1 policy, it says nowhere in policy that there is an attempt. It’s either 1.1 Murder or 2.1 Serious damage to an offender or correctional officer. I challenged this and was denied. I have been over their “90 day” violation free bullshit, yet they will not promote me to Phase 1. They have a Step up Program: Phase 0-3. 0 is solitary, 1-2 is double man if you’re not “single cell mandate” (get to that in a minute) and 2 you get food (nothing but fatty junk food) and 3 is double man with all your canteen, you can walk to chow, and go to gym.

I am thankfully not on single cell mandate, yet they continue to hold me illegally in solitary depriving me of contact visits.

Single cell mandate is where inmates cannot have a celly and either have to rot in Jefferson City hole or do a program in Potosi where you sit in solitary 5-10 years and get harassed by police and assaulted sometimes ending in death.

Since being in solitary here I have looked out my window and seen stretchers carrying inmates dead or extremely injured off the yard. Mainly coming from medical. The pigs here fuck with inmates so bad here (no joke) inmates are cutting their nutsacks out and nothing is done to help these mental health inmates, but a big help of maze.

I’ve been to quite a few Missouri penitentiaries, but I have never seen anything like I’ve seen here. Torture, harassment, and completely sadistic brutality, like 5 pigs running in a prisoner’s cell with helmets and riot shields beating the shit out of inmates breaking their bones. The phase system is a SHU trap. I’ll probably get fucked up for this letter if you receive it. Please spread the news of this so-called respectable prison.

Recientemente, una revelación de la prisión privada ‘Winn Correctional Center’ (el Sistema Penitenciario de Winn) en Winnfield, Luisiana, que esta manejada por ‘Corrections Corporation of America’ (la Corporación Correccional de América - CCA) fue publicada en ‘Mother Jones’ (1); una organización de noticias. El artículo explica las condiciones inhumanas y las atrocidades conectadas con los fines de lucro de la CCA.

En la sección sobre la sala de correo, el autor Shane Bauer menciona Under Lock & Key (ULK):

“Deben estar atentos de ciertas cosas, por eso hay boletines puestos por toda la sala de correo, por ejemplo: un boletín informativo de una organización antiimperialista llamado Under Lock & Key (ULK), una edición de Forbes que incluye un enrutador inalámbrico en miniatura para el internet, un CD grabado por Chicano, un rapero gánster, que tiene una canción llamada ‘Death on a CO’ (Muerte en un CO).” Curiosamente, los empleados en la sala de correo de Winn, consideran la educación política tan peligrosa al ambiente de la prisión así como a electrónicos y las amenazas de muerte. Esta obvia censura no es única a esta prisión y tampoco es única a las prisiones privadas. Hay muchas cárceles estatales por todo el país donde sabemos que nuestro correo esta censurado en una manera similar. Desafortunadamente, no tenemos una periodista de investigación dentro de las cárceles y como solo podemos comunicarnos con nuestros camaradas por correo, no hay ninguna manera de combatir esta censura o exponerla. Siempre publicamos incidentes de censura en nuestra página web, pero en realidad, nunca sabremos lo que ocurre con aproximadamente dos tercios del correo que mandamos.

Al leer la revelación, uno podrá creer que esta prisión privada es diferente a las cárceles estatales. Esto es uno de los aspectos negativos más graves de este artículo, porque los lectores se quedan pensando que las prisiones estatales son intrínsecamente mejores. Sin embargo, todavía publicamos muchos artículos de nuestros correspondientes que están dentro de las cárceles que muestran que las prisiones estatales pueden ser tan malas así como ‘Winn Correctional Center’ (el Sistema Penitenciario de Winn); uno ejemplos incluyen: la falta de asistencia médica adecuada que resulta en problemas de salud a largo plazo, la falta de cursos, el confinamiento arbitrario de los prisioneros a sus celdas, el uso de la fuerza en exceso, la falta de discreción en la contratación de empleados, y la lista continúa.

Luchar contra las prisiones privadas es decir que las prisiones estatales son aceptables. Es algo que legitimiza el gobierno de los Estado Unidos (EE UU) como un árbitro imparcial e indica que la prisión no es algo perjudicial, pero si no, es solo la titularidad privada que es mala. Sin embargo, ‘The Maoist Internationalist Ministry of Prisons’ (El Ministerio Internacional Maoísta de Prisiones – MIM Prisons) ve que la lucha de la prisión en los EE UU es una lucha en contra del control social – sin importar si es privada o estatal.

Damos las gracias a Shane Bauer por escribir este artículo tan espantoso que ayuda a nuestra lucha contra las condiciones inhumanas en las prisiones. Debemos tener una visión más amplia de cómo las cárceles estatales están relacionadas a este tema. E incluso, como el movimiento de la reforma penitenciaria está conectada con la lucha por la autodeterminación de las semi-colonias internas y con la liberación del Tercer Mundo del control total del imperialismo. Sin duda, el encarcelamiento para sacar provecho debe ser abolido. Pero este fenómeno solo podía ocurrir en una economía capitalista. Si no esta atrocidad del capitalismo, habrá otra, y por supuesto hay otras. Si nuestra lucha está restringida simplemente a la abolición de la titularidad de las prisiones, hubiéramos malgastado mucho tiempo y energía que podría haber sido usado en una lucha mucho más grande.

Recently an exposé of the private prison Winn Correctional Center in Winnfield, Lousiana, run by Corrections Corporation of America (CCA), was published in Mother Jones.(1) The article explains conditions which are completely inhumane, and many of the atrocities are linked to the CCA’s drive for profit.

In the section about the mailroom, the author Shane Bauer mentions Under Lock & Key:

“Around the mail room, there are bulletins posted of things to look out for: an anti-imperialist newsletter called Under Lock and Key, an issue of Forbes that comes with a miniature wireless internet router, a CD from a Chicano gangster rapper with a track titled ‘Death on a CO.’”

Curiously, Winn mailroom staff consider political education just as dangerous to the prison environment as electronics and death threats. This blatant censorship is not unique to this facility, and is not unique to private prisons. There are many state-run facilities all across the country where we know our mail is censored in a similar manner. Unfortunately we don’t have an investigative reporter inside, and, only being able to communicate with our comrades through the mail, we are not able to combat this censorship or expose it. We post known censorship incidents on our website, but the reality is that we will never know what happens to approximately two-thirds of the mail we send in.

In reading the exposé, one might start to believe this private prison is different from public prisons. That’s one of the major downsides of this piece: it leaves the reader wondering, assuming that state-run facilities are inherently better. Yet we post many articles from our correspondents inside showing that state-run facilities can be just as bad as Winn Correctional Center: lack of appropriate medical care leading to long-term health problems, lack of programming, arbitrary lockdowns, excessive use of force, lack of discretion in hiring personnel, and the list goes on.

To campaign against private prisons is to assert that state-run prisons are acceptable. It legitimizes the United $tates government as an impartial arbiter. It says that it isn’t the prison that’s bad, but instead just the aspect of private ownership. Yet MIM(Prisons) sees the prison struggle in the United $tates as one against social control generally – whether private or state-run.

We thank Shane Bauer for writing this horrific piece for the benefit of our fight against inhumane prison conditions. And we must look at the bigger picture, how state-run facilities fit in, and how the prison reform movement interacts with the struggle for self-determination of the internal semi-colonies and the liberation of the Third World from imperialism’s death grip. Certainly imprisonment for profit must be abolished. But this phenomena could only develop inside a capitalist economy. If not this atrocity of capitalism, then there will be another one, and there certainly are. If our struggle is limited to simply abolishing private ownership of prisons, we will have wasted much time and energy that could have been spent on a broader struggle.(2)

I’ve been in solitary confinement here at Louisiana’s Prison for 2 years now. David Wade Correctional Institution is a DOC facility. A disciplinary, concentration camp. Louisiana’s most repressive prison. Everywhere you move you have to be shackled and handcuffed. Even to the shower if it’s a few feet from your cell. You use the phone once a month, for 10 minutes. Our yard time is only 5 days out the week for 1 hour, inside of a chicken wired cage almost the same size as your cell. The prison is designed to break the mind, body and soul.

Incarcerated individuals here are living in inhumanity in its purest form. I met some guys who have been here on extended lockdown (solitary confinement) for six, seven, eight years straight. Our superiors are antagonists that despise the strong. Their job is to introduce us to the elements of repression. Their goal is to break you… by any means necessary.

It’s the heart of the summer and it gets really hot on these cell blocks. We’re the only prison in the state of Louisiana that only has one fan on each tier. Its nearly 100 degrees! On top of that, there’s no water and we’re not allowed ice on the tier. The only water that we’re allowed to drink is out of our sink. And sometimes our pipes are backed up, or there’s a boil-water warning on the news. If we want water, our only option is to drink contaminated water out our sinks, which is cruel and unusual punishment. Inhumanity. Not to mention that we’re only allowed books and newspapers. We have no access to any television or radio. The papers is how we find out about the boil water warnings, and sometimes the newspapers come too late because of slow mail.

They want you to put your jump suit all the way on, while you’re in your cell all during the day while it’s nearly 100 degrees. This is only a tactic to make you as uncomfortable as possible. You see, every day in these cells is war. They take you to war every single day. Psychological warfare.

A lot of the guys here can’t endure the delinquency of the officers, nor could they endure these extreme circumstances of dehumanization. I watch guys break right before my eyes all the time. The mind is very elusive… Hold it tight. One minute you’ll be talking to a guy and the next minute they just snap, right before your very eyes, as if their mind was an egg that slipped out of their hand, and splattered across the hard rough pavement.

These situations are so frequent that a lot of the individuals here have gotten used to it. They have so adjusted to where they believe that these abnormal situations are normal. Just a couple of weeks ago a guy hung himself in his cell. His body dangled for a couple of hours before anyone even noticed. He was then rolled off the tier, and it was as if nothing had happen.

Guys use to be killed here by guards all the time. That was until word started to leak outside of these walls and into the free world. But that still wasn’t enough to mentally liberate us. We need outside help… recognition… the voice of society… we need revolution!

I’m fortunate enough to be one of the few to be spiritually emancipated. Subsequently I have become a revolutionist. The change has already begun. And unity is a very fundamental principle.

We’re dying to live….but we’re living to die.

There’s about 11 of us total who have been on hunger strike. Today makes my 4 1/2 day without food [11 July 2016]. About 8 or 9 other guys have reached their 7 day mark. But this is only the beginning. We would probably have to go a couple of weeks on hunger strike for them to even take us seriously, which is hard work without the outside help, or support. Also the oppressor refuses to stand down without opposition. Their tactics are vital. You could be on hunger strike for 4 or 5 days and they wouldn’t even document it. That way they won’t have to report so many to D.O.C headquarters. But also subsequently you wouldn’t receive mandatory medical treatment, which is protocol after a prisoner misses 9 meals.

You’re declared to be suicidal. By refusing to follow their protocol they violate our constitutional rights. But we’re willing to go however long it takes. We also have multiple comrades who have made it to the courts system to push even further after they have successfully exhausted the grievance process. Our fundamental goal is for change… Better circumstances. We want the same thing that the “Pledge of Allegiance” taught us. We want Liberty and Justice for all.

MIM(Prisons) responds: We stand with this writer and the comrades in Louisiana fighting back against the dangerous and inhumane conditions at David Wade Correctional Center. This comrade is right that actions behind bars need outside support. It is also important to have some clear demands when we undertake big protests like a hunger strike. This will help focus the response, and ensure that we know when we have won. Fighting for general liberty and justice is definitely our goal as communists, but we know we will never achieve that under capitalism, and so our actions should be focused on winnable battles today while we build for liberation for all through revolution.

Yo soy un joven que ha dedicado su vida a la revolución. A lo primero yo no entendía porque la necesidad de la revolución. Ahora me encuentro preso y los Latinos y Boricuas me enseñaron a educarme en quien soy yo. Para ser revolucionario tienes que entender de la opresión sobre tu gente - y con el mundo. Cómo Amerikkka está oprimiendo a nuestra gente con el capitalismo, la injusticia, y con el imperialismo, que es el enemigo numero uno. Estando preso yo he visto como muchos de estos guardias racistas nos tratan por el color de nuestra piel, nuestro lenguaje, y más por nuestra unidad. Para ver y hacer un cambio tiene que haber unidad! Como nosotros como Latinos podemos ayudar a otros, si a veces ni nosotros mismos nos ayudamos? Tenemos que unirnos y educarnos, porque educación, sabiduría, disciplina, e inteligencia es poder! Educación es el poder a la revolución.

Nosotros con la mente maestra de la revolución estando presos, tenemos que coger el tiempo y educar a la juventud que esta entrando a las prisiones. Enseñarles que ser gangero o tenerle odio a otra persona por el color de su piel no es el camino correcto de caminar. Que coger un puñal o una navaja para guerrear por una calle o ciudad no hay ganancia. Sino que, cogiendo un libro revolucionario, de educación, y educándote y ayudando a otros, ahí hay ganancia y beneficio. Yo como revolucionario estoy dispuesto a pelear con el sistema corrupto, la injusticia, y por la independencia de mi raza, con el poder de la educación. La violencia no resuelve nuestros problemas. Si nos unimos de corazón, con una unidad verdadera, y usamos nuestra inteligencia para desenmascarar al sistema y sus pocas vergüenzas, seremos vencedores.

Por eso cojo tiempo. Pero siempre ten en mente que nuestro trabajo para la revolución viene con ganancia. Ser guerreros para la revolución, hoy, mañana, y siempre.

Una camarada de USW responde: Siempre es un gusto escuchar que hay camaradas dispuestos a dedicarse a la lucha revolucionaria. Queda mencionar que la educación revolucionaria correcta es el Marxismo-Leninismo-Maoismo, que es el análisis y la acción materialista más avanzada que se ha desarrollado. Animamos a este camarada y a todos los lectores a que formen grupos de estudio, ya que como dice este camarada, la educación es poder, poder para derrumbar al imperialismo y capitalismo que son los creadores de la opresión. MIM(Prisiones) puede brindar material educativo a aquellos que lo pidan. Si no tiene dinero puede hacer trabajo para pagar.

Mail the petition to your loved ones and comrades inside who are experiencing issues with the grievance procedure. Send them extra copies to share! For more info on this campaign, click here.

Prisoners should send a copy of the signed petition to each of the addresses below. Supporters should send letters on behalf of prisoners.

Commissioner of Corrections
MDOC Central Office
633 North State Street
Jackson, MS 39202-3097

Corrections Investigation Division
633 N. State st
Jackson, MS 39202

USDOJ Civil Rights Division
950 Pennsylvania Ave, NW
Washington, DC 20530

And send MIM(Prisons) copies of any responses you receive!

MIM(Prisons), USW
PO Box 40799
San Francisco, CA 94140

*PDF updated June 2016

You never hear about Nevada and there’s a reason why. Cover-ups, medical negligence, racial/social bias along with violence against inmates by COs, and let’s not forget one of the worst parole and release systems in the nation. With lopsided, unfair sentence structures even according to statute, and unnecessary parole denials and completely unilateral discretion left to the parole board, which is screaming for reform. This is a culture and a consciousness up here but it will be their undoing.

Oscar Velasquez, a prisoner in Lovelock Correctional Center, committed suicide a few months ago and it’s under investigation, a very slow, quiet investigation. Negligence played a huge part in this situation by COs and medical staff. Oscar gave the COs a suicide note on a medical kite. But protocol was broken because Oscar never made it to suicide watch in the medical unit. The next day Oscar was found dead and cold. Which meant COs weren’t doing their rounds in a timely manner. Word is the suicide kite never made it to administration. This is being looked at by some other independent group, but it’s been very hush-hush. A lot of the population believes the COs were fired but they weren’t. They’re on leave and being supported by their reps and lawyers.

A personal friend of mine and a lot of other brothas, Johnny Jordan or J.J., died in the uncaring arms of the Nevada medical system. While in High Desert Prison on an appeal trip, he also had a serious medical condition and was not given proper medical treatment. Which I’m sure was not very complicated, but just simply ignored. And it stems from the whole “oh well, fuck ’em” attitude most staff here have for prisoners.

Two of the most recent serious attack/gross incompetence incidents happened at High Desert, which is really under the microscope for piling up bodies for years and sweeping it under the rug.

About two years ago a CTO, aka a “Cadet Trainee Officer” gunned a prisoner down and killed him while handcuffed. He has since been sentenced on two counts of manslaughter; not murder of course, that’s for us. What happened was during showers in the hole two prisoners started to scuffle while handcuffed. Instead of pulling them away from each other, the CTO was ordered to shoot and he just unloaded on them, killing one with fatal wounds to his head and chest area.

At the same prison, a prisoner was stabbed while being escorted by COs, if you can believe that! This was more recent, but also little publicity was spread about this. There was more press involved in the shooting death.

Along with these incidents, blatant and unpunished racism and bias in this state is so open it’s ridiculous. I’m talking about assemblymen and women, COs, Sgts and representatives alike, it’s everywhere.

Keep an eye on Nevada, these mothafuckas fly so far under the radar you rarely hear about things like this. They rarely make the local news and almost never make national headlines no matter how gross or serious it is. The censorship in this state is designed to keep Nevada’s public in constant fear and prejudice of convicts. Bulletins are always going up on TV about this or that wanted person, this murderer or that sex offender. “Call secret watch and turn this person in,” they’ll say. But you rarely ever hear or see in Nevada: this human being was murdered by a cop, by a CO, by this sadistic cowardly butcher who’s been anticipating the chance to take a human life!

MIM(Prisons) responds: This comrade reports on something we hear more and more these days: prisoners dying from negligence and abuse at the hands of prison employees. And of course these murders are covered up rather than punished. This is one of the reasons why an independent press like Under Lock & Key is so important. We need a way to spread this news and organize people to fight back. The mainstream media and politicians are all in service of the capitalist system that set up this criminal injustice system so, as this comrade points out, our appeals to them are going to be purposefully ignored. Send us your reports about abuse and neglect. Even if they don’t make it into the print version of ULK we will publish them on our website.

After reading “The 2 Strikes Law” article in ULK 49, where the Prison Rape Elimination Act (PREA) was referenced, I decided to write the following article about something that happened recently in this prison regarding PREA funding.

Over the fall of 2015 and into the early winter of ’16 this prison received more federal funding to implement PREA safeguards including the following measures. Now every unit officer has to display and provide a stack of pre-printed PREA cards with information on how and what to report. The leading PREA investigative Lieutenant at this prison, Lt. Carey, stands around the chow hall to randomly pull individuals over and ask them: “If you are sexually assaulted, what will you do?” Looking for the answer: “I will dutifully report it to you sir, of course.”

And every unit and building in this facility has had the restrooms and showers reformed and renovated with large metal stalls and divides in them built from the small welding shop here so that during the upcoming PREA audit this smartass Lieutenant can show the public everything they’ve done to make sure “inmates’” genitals aren’t in constant view of each other or any staff that walk by a bathroom or shower.

This was after doorbell alarms were installed on every unit to alert “indecent” prisoners as to whenever female staff entered a unit, to make themselves decent and to not accidentally sexually assault them or intentionally be exposed when they come around; i.e. when a female staff comes onto a unit to relieve the duty officer and then does a “shower check” to see who on the shower list is still naked and in there. Although none of the female staff seem to enjoy having a bing-bong doorbell ring every time they enter a housing unit, Lt. Corey personally installed most if not all of them, with pride.

But the most scathing display and culmination of target-harassment for generating PREA funding came in these early months of 2016. It’s not female officers performing count at midnight, one, five o’clock in the morning and ringing a door bell while prisoners are trying to sleep that generated the imagined need for PREA awareness. It was this: DOC added revisions to certain rules in this state on 5 January 2016, including 291-133: “Marriages and domestic partnership solemnization ceremonies for inmates.” which states: “These revisions are necessary to update the department’s policies and procedures regarding marriages and solemnization ceremonies for prisoners in department facilities. The rules will recognize same-sex marriages to reflect changes in state and federal laws. The department will no longer transport inmates between facilities for the purpose of participating in a marriage or solemnization ceremony. Married or domestic partnership inmates who reside in the same facility will not be housed in the same cell.

Here is also what happened in January 2016. From one of this prison’s units approximately 15 prisoners were taken to segregation from the same unit for alleged “sexual activity” and/or “unauthorized organization.” They were all given 120s in seg. 120-day sanctions for the “unauthorized organization” convictions and those who could have been were convicted of “sexual activity” if they were “known homos” or even “suspected homos” if their names were close enough on the shower log to have communally showered together.

Many, or most, of the “known homos” and “suspected homos” were all transferred to this unit in the late months of 2015, to set up this target “unauthorized organization” and inevitable communal-shower-sign-up. Many prisoners lost their prison jobs, incentive levels, etc. for being a casualty of what the officer-pigs refer to as 2016’s “Operation Fruit Roll-up.” All to bring more necessity to the prison’s gathering of federal PREA funding for the April audit.

PREA information has also now been blasted nonstop on the prison’s “information and education” channel since January. When the prison posted the 291-133: “Marriages and domestic partnership solemnization ceremonies for inmates” memo on units in early January, the prison then used that to say “unauthorized – organized” “suspected homos” thought it was ok to come out, so we sent them all to segregation for 120 days and set them up to be “identified homosexuals” for fellow prisoners and staff to “watch out for.”

I was not an individual who was segregated and I do not identify as homosexual, but other prisoners who were D-seged and other individuals who weren’t, are too scared to associate with each other or stand up for themselves for successive retaliatory target harassment of this sexual nature. I am writing to bring attention to the korupt and disgusting lengths these pigs will go to, to secure prison rape funding “just in time” for the audit, but nobody is fooled.

This is one of the most disgusting and damaging pig setups I have witnessed and likewise read about. But what now can be done?

MIM(Prisons) responds: This is a good example of the so-called Prison Rape Elimination Act actually leading to more harassment and gender oppression. We can’t rely on the oppressors to take action to eliminate oppression. If we want to see an end to rape in prison, prisoners must come together to build unity and peace, and protect one another from any predatory or violent individuals. Of course the guards have the power, and when they are the rapists it is very hard to fight back. Even when the rapists are other prisoners, when this is sanctioned or at the bidding of the guards, it becomes very difficult to fight. But we will build far more peace and security through independent institutions and organizing of the oppressed than will ever be achieved by appeals to the administration or government for protection and new rules and regulations.

[In December 2014 MIM(Prisons) received this petition against the Tier II program from two different comrades, with almost thirty signatures. Considering these prisoners are organizing in extreme conditions of isolation and sensory deprivation, that number of signatures is impressive. We publicize this petition as part of our overall struggle to shut down Control Units in prisons across the country.]

We the People petition

We the people (jointly and severally) come together to petition the government for a redress of grievance, pursuant to the Bill of Rights, “Amendment I” of the Constitution for the United States of America. Furthermore, we the people assert the rights set forth in “the Universal Declaration of Human Rights” (UDHR), adopted by the UN General Assembly on December 10, 1948. More specifically, we assert the rights set forth at Article 1-8, 18-22, 26 and 28 of the UDHR.

We the people now move to set forth the factual basis for this petition. Fact, on December 7, 2014, at approximately 10:45pm, a man [inmate] “died” inside of the J-1 dormitory (cell #124) at Smith State Prison. It is stated that the man/individual committed suicide. The examiner and/or coroner pronounced the man officially dead between 11:30pm and 1am.

We the people believe (with strong conviction) that the Tier II Program (behavior modification program) is the root and cause of the death. During our examination it has been determined that there are numerous “factors” that must be evaluated, and has been evaluated in reaching our conclusion that the tier II program is the “root and cause” of the “death.”

Factor #1: The Tier II program is a mind and behavior control program for prisoners, via long term deprivational isolation and segregation, which is a form of psychological, mental and emotional torture/suffering.

Factor #2: The Tier II program is intellectually, mentally and creatively stagnating. People/human-beings [prisoners] are prohibited from receiving any and all books, magazines, newspapers, novels, articles, etc. We are forbidden to read any and all books, magazines, newspapers, novels, articles, and all other forms of reading material [the only exception being a bible or Qur’an; either or, but not both; we may choose one or the other]. This prohibition on reading causes “stagnation” of the mind, which in turn, turns man back into what men were before civilization [barbarians, cavemen, and savages]. To not want people/human beings to read and or have access to divers reading materials is self evident that the goal of this program is not progressive and rehabilitating, but instead, by design it is regressive and debilitating. Reading is fundamental [fundamental to growth, improvement, learning, success and life itself, etc.] No one can put forth a logical explanation for prohibiting reading and forbidding reading. No one can provide evidence that prohibiting reading serves some good cause or rehabilitation. All evidence is contrary to that thesis/theory.

Factor #3: The Tier II program isolates and separates us from our families and loved ones. Most individuals/people placed on the program cannot receive visitation because of the way the program is designed. Most people cannot use the telephone because of how the program operates. For a vast majority of us, the “only way” to contact and or connect with our families or loved ones is the letters. We must write letters; we correspond through the mail back and forth. Mail correspondence is the only form of communication for the majority of us.

Factor #4: The Tier II program is a health hazard. The conditions of confinement are a violation of the 8th amendment (cruel and unusual punishment clause) of the Constitution for the United States of America. The food that is served is nutritionally inadequate. Everyone (all of us/all the people) that are on the Tier II program has and/or is losing weight. Some of us have lost a lot of weight, while other have only lost 10-15 pounds (since being on/in the Tier II program). But all of us are losing weight, and have lost weight. Also, the food that is served is often unclean and thus unhealthy. The milks are often spoiled. The “meat” is often raw or old (spoiled). The food in general is old (half of the time). The trays that the food is on are always filthy/nasty, as if they have not been washed. The filthy ways contaminate the food that is placed on them. We have no choice but to eat it or starve. (On phase 1 and 2 of the program we cannot purchase any food items from the commissary/store.) No clean water is passed out or given to us. We are forced to drink out of old, nasty sinks, with rusty spicket/faucet.

Sanitation: The showers are always filthy and disgusting. When I/we enter into the showers, often there is hair (shavings), urine, semen, (sometimes) blood, feces and other bodily filth. Cells have bugs, rats, roaches, ants, spiders, and other unknown species of insects or bugs. In the summer time the flies and gnats are overwhelming. We are only allowed to clean out the cells 1 time a week and sometimes 1 time a month. (But according to GDOC standard operating procedure cells are supposed to be clean at all times.)

Exercise (yard call/outdoor recreation): We are denied and or deprived the opportunity to go to outdoor recreation and exercise (which is a judicial-constitutional guarantee - for prisoners; see Spain v. Procunier, 600 F. 2d 1490 (9th Cir. 1984) and a plethora of other federal cases). Yet and still they deprive us of outside recreation/exercise for months and months at a time (case to case basis). Some of us are deprived for days, and some for months and/or years. The bottom line is, they deprive us of exercise. On phase 1 (of the Tier II program) we are not allowed to buy any hygiene from the commissary. We are prohibited form buying hygiene for months at a time. Yet, they take all our hygiene items. The list on conditions of confinement goes on and on, so for time sake we must proceed.

Factor #5: Many of us are put on the Tier II program without due process of law (procedural due process of law, as set forth by the Supreme Court on Wolff v. McDonnell, 418 U.S. 539, 563-655 (1974)). We were put on the Tier program without receiving written notice; we were not given a constitutional hearing; we were not allowed to call witnesses; we were not provided an opportunity to present documentary evidence or any other form of evidence; we were not provided an opportunity to be heard/to speak; we were not provided an “advocate” to assist us, or to put up a defense (of any kind) or to investigate (into the alleged matter); thus, no due process of law.

Factor #6: When we were put on the Tier II program, all of our property was confiscated illegally (confiscated without due process). Property that was taken include: all our CDs, CD players, headphones, earphones, all pictures and/or photos, all books, magazines, novels, articles, newspapers, and all other reading materials (except a bible or Qur’an), lotion, deodorant, soap, toothpaste, grease, toothbrush, hairbrush, nail clippers, comb, dental floss, soap dish, photo album, free world clothes (tshirts, socks), pajamas, wave cups, thermals, etc. All food items purchased from commissary, be it soups, honeybuns, buddy bars, chips, drinks, etc. The property/items they took/confiscated include the above mentioned things, but are not limited to those things/items. Other personal property was taken that is not on this list.

Factor #7: Some people are on the Tier II program for an indefinite period of time which could last many years. Others will remain on the Tier II program within the time line specified in the SOP (ITB09-0003), which is 9 months - 2 years.

Factor #8: Whenever we are taken out of the cells, we are mechanically restrained (handcuffed and/or shackled and/or waist chained) and escorted by two or more guards.

Factor #9: If there is an emergency, such as death in the family (or something of that nature), we are not allowed to attend the funeral or memorial services, because of the Tier II program.

Factor #10: Because of the Tier II program, we can not look at TV or listen to the radio. For some of us it has been over 22 months since we last seen TV, seen a movie, or even seen a commercial, or heard the radio.

Factor #11: Some of us, they will not let out the hole (segregation/isolation) even when we may have earned and received a certificate (and or receipt) stating “successfully completed the Tier II program.

Factor #12: We are deprived of almost any environmental or sensory stimuli and of almost all human contact.

Factor #13: The conditions of confinement are an “atypical and significant hardship” upon us.

Factor #14: The above mentioned deaths, is not the 1st death this year, that was caused by the Tier II program. Earlier this year (on or around February 12, 2014) in J-2 dormitory, cell #240. On 2/12/14, another man dead on the Tier II program. This man was killed by his roommate. Currently his real name is unknown but he was known as Sa-Brown. Sa-Brown was murdered, stabbed to death by his cell mate. We believe and/or it is believed that the Tier II program drove the man crazy/insane, then he murdered Sa-Brown.

Conclusion:

According to the Georgia Department of Corrections Standard Operating Procedures (SOP) II B09-0003, Section I, Policy (page 1) states: “This program is an offender management process and [supposedly] is not a punishment measure… The Tier II program is a behavior modification program.” The truth is - this offender management process/behavior modification program induces death (whether directly or indirectly). And we believe those that are responsible for the deaths are the creators, maintainer(s), operator(s), and manager(s) of the Tier II program; that would be: Brian Owens (GDOC commissioner) and Randy Tillman - the authors/creators; and Stanley Williams (Warden of Smith State Prison) and Eric Smokes (the unit manager of the Tier II program). These individuals (Owens, Tillman, Williams and Smokes) are responsible for the Tier II program and are responsible for the deaths (whether directly or indirectly).

The above mentioned factors are not the only relevant factors to be examined and evaluated in determining our conclusion. The above mentioned factors are included (in the examination and evaluation process), but are not limited to those factors (mentioned above). But for time sake, we will cease to elaborate on the numerous factors.

We the people call for an end to the Tier II program!