MIM(Prisons) is a cell of revolutionaries serving the oppressed masses inside U.$. prisons, guided by the communist ideology of Marxism-Leninism-Maoism.
Under Lock & Key is a news service written by and for prisoners with a focus on what is going on behind bars throughout the United States. Under Lock & Key is available to U.S. prisoners for free through MIM(Prisons)'s Free Political Literature to Prisoners Program, by writing:
MIM(Prisons) PO Box 40799 San Francisco, CA 94140.
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.
The Declaration of Independence (in relevant part) We the people
inhabiting the North American continent, freemen, “…hold these truths to
be self-evident, that all men are created equal, that they are endowed
by their creator with certain unalienable rights, that among these are
life, liberty, and the pursuit of happiness…” having been granted by our
creator dominion over all the earth, reserve our right to restore the
blessing of liberty for ourselves and our posterity, under necessity,
that I/we declare, “that, to secure these rights, governments are
instituted among men, deriving their just powers from the consent of the
governed…” and as declared in many states constitutions; “we declare
that all men, when they form a social compact are equal in right: that
all power is inherent in the people” … and “that, whenever any form of
government becomes destructive of these ends, it is the right of the
people to alter or abolish it, and to institute new government, laying
its foundation on such principles and organizing its powers in such
form, as to them shall seem most likely to effect their safety and
happiness.”
Therein, the greatest rights of the people is the right to abolish
‘destructive’ government, those administrating as trustee, or those
institutions that have become destructive and/or corrupted.
We the people call for an end to the Tier II program!
The new hit single across California.
Available now @ Pelican Bay State Prison, California Correctional
Institution, San Quentin State Prison, Corcoran State Prison,
& Old/New Folsom State Prison. Stand up for your rights
now to get your free tickets!
I received the information on the study group/cells which I go over
several times a night, then engage my neighbor here in Ad-Seg/SHU in
good conversation. At times others quit talking, and conversation don’t
resume until directly after I am forced to sit down after standing on
cold hard concrete a few hours. I have severe nerve damage from diabetes
as well as this cement box environment. But I do hit the door at least 4
times a day to continue or expand the topics I read in past issues of
ULK I have, or the more recent materials you have sent like “The
Tyranny of Structurelessness” and “Commitment is the Key.” I have got
two young men reading many of my past issues of ULK that I have
received from you and inherited from others over the years.
Forming an actual study cell on this 14-man section of the pod is hit
and miss. The Security Threat Group Office has a very broad but vague
description of who and what constitutes an STG member/group. And this
being a highly militarized zone in central texa$ with Ft. Hood and an
Air Force base nearby; many who discharged or were drummed out come to
work here, with severe cases of hate toward prisoners in general. A few
target anyone deemed anti-american or anti-capitalist.
What I see are quite a few who support the xenophobic racist Trump, even
a few people one would not expect such as several black and mexican
officers! I do not capitalize their race/color or call them New Afrikans
or Chican@ because they are not to me, supporting a vile individual like
Trump. I have attempted to find out why they support him. It’s the
rhetoric he spews that they believe in. More jobs, make america great,
stronger military presence overseas, etc. Because of my reaction and
comments I have lost meal trays come slop time, or been “forgotten” for
medical lay in, rec or even shower time. Even my mail gets misplaced for
days or given to the wrong person on another section!
Oh, an update on medical co-payment in texa$ and University of Texas
Medical Board (UTMB) Healthcare. As of 1 February 2016 TDC prisoners are
not charged medical copay for the dentist UNLESS it is for teeth
cleaning. So texas comrades let it be known on your facilities. This
came directly out of the mouth of UTMB Dentist of the Year for 2016
quoting the director of texas healthcare in TDC and the director of TDC
dentistry.
As of April 2016, I am currently battling a new TDC move on medical
copay. If you do win your initial grievance Step 1 or Step 2, they now
go back on your records previous 24 months and look for things to charge
for that were overlooked the first time. I have a grievance filed
specifically countering that. When I hear a response I will inform all
my comrades at MIM(Prisons).
MIM(Prisons) responds: We appreciate this comrade updating us on
the medical copay campaign, and we are not surprised that TDCJ is going
back thru medical records to see what they can charge for. It’s just
another example of the eternal dead end of reformism. As
revolutionaries, we work on reforms presently so we can lay the
groundwork for our more broad political organizing. We recognize the
need for a complete change in the system that capitalizes off of humyn
suffering, and we are always striving toward this goal.
Subscribers should keep sending us updates on the several campaigns we
are supporting all across the United $nakes.
No doubt even throughout the global community many have heard of the
infamous “3 Strikes Law.” In California if someone gets 3 felony
convictions they face a sentence of LIFE in prison. The law has created
quite a bit of controversy and there’s been a few token reforms to it
that mean about as much as calling San Quentin (SQ) a “Correctional
Center” instead of a prison.
SQ’s Adjustment Center (AC) is also in the midst of controversy and in
the process of implementing reactionary token reforms in much the same
way. They also implemented what could be called “The 2 Strikes Law.” The
SQ oligarchy calls their oppressive tool of retaliation Operational
Procedure (OP) 608 Section 825 A.4. Here’s how it gets implemented:
On 25 December 2015 while en route to group yard Sergeant Rodrigues
waved a piece of paper in a prisoner’s face, after asking him if he
remembered refusing to show his asshole to officer C. Burrise the other
day. Rodrigues tells the prisoner he is going to the AC for receiving
two serious Rules Violations Reports (RVRs) within 180 days of each
other. A death row prisoner receives an indeterminate SHU term for that.
The two RVRs involve the prisoner’s refusal to submit to unclothed body
search procedures either prohibited by OP 608 Section 765(2) (local
prison rules) and state law, or not applicable to East Block (EB)
prisoners. In fact, before either of these RVRs were fabricated the
prisoner had filed several staff complaints citing the Prison Rape
Elimination Act (PREA) and alleged “sexual harassment under the guise of
security.” The prisoner also wrote an informal letter to Specialized
Housing Division Facility Captain J. Arnold asking him to abolish his
“Perversion Enforcement Team Training Project” (PETT Project). That got
the prisoner a punitive cell search response resulting in the
confiscation of a loaner TV and theft of art supplies valued at $48. So
now you know the motive. But let’s see what else this means for ALL
death row prisoners thinking Seigle & Yee are to the rescue.
Seigel & Yee are the attorneys currently representing the “AC class”
regarding the long-term/indeterminate SHU program conditions experienced
by death row prisoners in the AC. One prisoner who corresponded with
Seigle & Yee attorney Emily Rose Johns in early 2014 from his
recently acquired EB (SHUII) cell reports advising her a wave of
prisoners formerly doing indeterminate SHU terms in the AC was flowing
into EB and being assigned to the “Sun Deprivation Program.”(1) This
prisoner came over to EB just ahead of that wave. Johns’s response to
our dilemma was, “We intentionally kept the scope of the case narrow for
many reasons, including out of respect for the experience prisoners in
the AC had with the Thompson case.”
So now it’s about time that someone points out that experience prisoners
in the AC had with the Thompson case, including not rescinding the 2
Strikes Law, and that OP 608 Sec. 825 A.4. is still being used as a
revolving door into the abyss of indeterminate SHU terms. How leaving
that door wide open could be hailed as a reform or “respect for the
experience of prisoners in the AC had with the [SQ/Seigel & Yee]
case” remains to be seen by a lot of prisoners literally LEFT IN THE
DARK for years.
This unfolding experience brings to mind an article from a recent issue
of Under Lock & Key.(2) It sets the record straight,
explaining in detail the
“reforms”
hailed in the media regarding indeterminate SHU terms with respect
to prisoners subject to the cruel and unusual conditions in the Pelican
Bay gulag. Just as the so-called reform left the doors wide open to
every other SHU in California’s gulag system, merely limiting the time
spent doing an indeterminate term at Pelican Bay to 2 years. It’s
nothing, NOTHING different than SQ’s 2 Strikes Law being intentionally
contested. Torture cannot be reformed. So the practice of long-term
isolation must be ABOLISHED. The construction of more SHUs at SQ must
stop because it is torture.
I would like to let you know of a situation that occurred on 1 December
2015, at Ely State Prison in Nevada. A white corrections officer (CO)
was taking a Black prisoner to yard in handcuffs. CO Edwards is a known
racist pig, and while taking this prisoner to yard he slammed his face
against the sally port door. When the prisoner went to his knees, CO
Edwards then slammed his face on the ground. The reason given was that
the prisoner “turned his head too fast.”
The prisoner was taken to the hole. But it caused us to unite. Nevada
has become a highly individualized state. No one wants to get involved
with any struggle. But yesterday a comrade and I pushed the issue, and
we got a large number of prisoners to file grievances. We filed them as
AR340 misconduct complaints against the pig Edwards, which are supposed
to be sent to the Inspector General’s office.
It was nice to see us united. I will keep you updated on this issue.
MIM(Prisons) responds: This comrade is doing the hard work
necessary to build an anti-imperialist movement: repeatedly trying to
inspire others to come together to fight injustices. Even if the action
is small at first, the unity around this one incident helps to build
unity around bigger issues. People learn through action, even if that
lesson is that the oppressors are far more powerful than us right now.
We still have to take the opportunity to offer information about the
criminal injustice system, why we take on these battles, and how they
fit in to our longer term goal of putting an end to the oppressive
system of imperialism.
The paramount purpose for this correspondence is to bring awareness to
the barbaric, dehumanizing, unacceptable living conditions for us (the
offenders) who currently reside in the Restrictive Housing
Unit/Administrative Segregation (RHU/Ad-Seg) units of #1 and #2 house
here at Southeastern Correctional Center (SECC). These inhumane
conditions are inconsistent with the evolving standards of a decent
society. We are being abused and oppressed at the hands of the
administration. Therefore, I’m hoping that hearing our cry for help may
spark a fuse in your spirit and compel you all to help us fight against
injustice. These particular injustices are inflicted upon us
intentionally and being used as a form of psychological torture for the
purpose of tormenting and dehumanizing the prisoners here at SECC.
The staff here at SECC, namely: Warden Ian Wallace, Asst. Warden Paula
Phillips-Reed, Asst. Warden Bill Stange, Major Terry White, and HU#2/FUM
Bruce Hanebrink, have conjured up a host of sanitation and human rights
violations under the umbrella of a recently created “limited property”
policy implemented in the Administrative Segregation housing units #1
and #2. These violations are as follows:
Equal protection violation (14th Amendment of the U.S. Const.): SECC
Administration limited Phase 1 & 2 prisoners in RHU/Ad-Seg to 5
stamps, 5 envelopes, 1 pad of writing paper, and 1 small security ink
pen per month. To have the aforementioned supplies is a right and cannot
be treated as a privilege in the punishment and reward system to be
given or taken away at the staff’s discretion based off of behavior
and/or placement. Prisoners in Ad-Seg units should be allowed to
purchase the same amount of stamps as general population prisoners are
allowed to purchase. Having writing material does not pose a potential
security threat. It does however, hinder prisoners’ access to courts,
the House of Congress, our lawyers, prisoner advocate groups and our
families if we are deprived, thereof. We have a right to use the mail
for corresponding purposes without limitation.
Sanitation violation (8th Amendment of the U.S. Const.): The SECC
Administration subjected us to cruel and unusual punishment when they
sent CERT officers into the housing units of #1 and #2 in August 2015 to
confiscate from all prisoners therein all state issued personal pants,
t-shirts, boxers, socks, towels and face cloths. Prisoners are no longer
allowed to have towels and face towels in their assigned cells. We are
given 1 pair of boxers, 1 t-shirt, and 1 pair of socks to be changed out
every three days. For prisoners to be forced to wear the same dirty
boxers for 3 days straight is such an unsanitary condition that I
developed a “jock itch and rashes” around my groin area. When we do
finally change boxers they are in exchange for more over-used boxers
shared by hundreds of other prisoners. Some of these prisoners have
various diseases (i.e. Aids, HIV, Hepatitis, TB, Staph, Shingles, etc.)
Furthermore, we are not allowed to have face cloths in our cells,
preventing us from being able to at least wash up in our sinks to get
the dirt and stink off of us until shower day. We are only given a wash
cloth on shower day, once we enter the shower stall. These items must be
given back before returning to our cells. To add fuel to the fire, the
same exact towels and face cloths that we are being forced to use on our
body, staff are using them for multi-purpose towels (i.e. staff use them
to clean the shower walls and doors with; staff use them to wipe the
wing food carts with, staff use them to wipe the wing desk down that
they sit at while in the wing, staff use them on clean up night –
forcing us to wash our walls, sink, and cell floors with, and staff use
them to clean up smelly, rust water that comes from the pipes whenever a
cell sprinkler busts.) What reasonable minded person uses their dish
towels to shower with? This is definitely a serious problem that poses a
potential health risk. To sum it all up, we have been reduced to the
dark ages. Forced to live like Vikings and cavemen when uncleanliness
was an acceptable way of life.
Human rights violations: unsanitary conditions: The administration
officials decided that Ad-Seg prisoners are not allowed to purchase soap
from inmate canteen. Instead, we are issued 1 small bar of state made
soap (approx 3 inches in length, 1/2 inch thick) per week. With that 1
bar of soap we have to take a shower twice a week and wash our hands
throughout the days. Most of the time, by the 2nd shower day, there is
not enough soap left to shower with. Some prisoners, myself included,
complain that they limit how many times they wash their hands after
using the toilet so that they may have enough soap to shower with by the
next shower day.
Furthermore, prisoners in Ad-Seg are not being permitted to purchase
toilet paper to adequately wipe with after defecation. We are given only
1 roll of tissue and being forced to make it last a week. Sometimes we
have to blow our noses with the tissue due to poor ventilation or
various illnesses thereby lessening the tissue supply. Most of the time
we run out of tissue and staff refuse to give us any. We use our socks
to wipe with and wash them out afterwards. This is grossly unsanitary
and also poses a potential health risk.
Human rights violation: Ad-Seg prisoners are not allowed to have any
pants in our cells. Prisoners are forced to walk around in their cells
with only boxers and t-shirts on with cellmates who often times are
convicted sex offenders, homosexuals and prison booty bandits (prisoners
who rape other prisoners) which opens the door for a Prison Rape
Elimination Act claim. It’s as if the administration are promoting
homosexuality or setting the stage for one of us to possibly get raped.
Prisoners are also being forced to attend our Ad-Seg hearings as well as
sick call appointments without pants. Prisoners are also being forced to
walk across the yard in only our boxers and t-shirts amongst other
offenders, sometimes in the cold or rainy weather, while being escorted
between #1 and #2 house which is approx 150 feet apart. Not only is this
inhumane, these boxers have a loose opening in the front of them and if
a prisoner’s penis just happens to flop out through the opening then we
are subject to sexual misconduct violations.
Furthermore, sometimes the Ad-Seg laundry doesn’t get cleaned on time in
which case prisoners are forced to choose between going to rec in the
outside cages in only boxers and t-shirts in 30 degree weather or simply
to refuse our rec.
Sleep Deprivation: The administrative staff has approved staff in
housing units #1 and #2 to conduct a number of activities during 1st
shift (midnight) which include:
Passing out our mail after the 12 a.m. count when lights are out.
Passing out HSRs (Health Service Request forms)
Passing out cell cleaning supplies at 3 a.m. to clean our cells with.
Picking up sheets and blankets to be washed, which is also picked up and
given back around 2 a.m. and 3 a.m.
There’s no movement count between 10:30 p.m. count and the 6:30 a.m.
count because prisoners must be allowed to have at least 7 or 8 hours of
undisturbed sleep. The reason for this critical consideration is because
physiological and psychological degradation caused by the lack of sleep
or insufficient amount of sleep. Disturbing our sleep throughout the
night creates an even more stressful environment.
Suggested Remedies to Violations
Allow prisoners in Ad-Seg to purchase the same amount of stamps and
envelopes as general population are allowed to purchase. These items are
not a privilege but a right.
Allow prisoners in Ad-Seg to have our own state issued personal
towels, face cloths, and boxers back in our cells so that we can at
least wash up in our cells until shower day. Good hygiene habits are to
be practiced everyday, not every 3 days.
Allow prisoners in Ad-Seg to purchase at least 4 or 6 bars of soap
per month. General population prisoners are allowed to purchase 2 per
week, totaling 8 per month. Also, allow prisoners in Ad-Seg to purchase
at least 4 or 6 rolls of toilet tissue per month. General population
prisoners are allowed to purchase 2 per week, totaling 8 per month.
(Soap or tissue should not be treated as a “privilege” either).
Prisoners in Ad-Seg should be allowed to have at least 1 pair of
their state issued personal pants or 1 pair of orange Ad-Seg pants to
keep and wear in our cells, to be changed out once-per-week. We have a
right to adequate clothing supported by the 14th and 8th amendment
clause of the U.S. Constitutional.
For prisoners in Ad-Seg mail should be passed out on the 3rd shift
(like it used to be) so we can read it and respond back if desired to do
so. It’s unreasonable for staff to pass out our mail after lights are
cut out. Cell cleaning should be done on the 2nd or 3rd shift using the
proper supplies instead of the towels we are currently forced to shower
with, and laundry should be picked up after breakfast and given back
before the 10:30 p.m. count. HSRs should be passed out by the nurses on
the 2nd or 3rd shift since they only pick them up on the day shift.
MIM(Prisons) responds: This comrade is initiating a campaign
around a very reasonable set of demands. The lack of writing materials
and unsanitary conditions are all too common in Amerikan prisons and
these conditions expose the reality of prisons as a tool of social
control and in particular the use of long-term isolation (Ad-Seg) for
this purpose. Denial of the materials necessary to maintain contact with
people on the outside, and creation of conditions that will cause mental
(denial of sleep) and physical (unsanitary conditions) health problems
are clearly counter to any possible rehabilitative goals of prisons.
Instead, these conditions serve to reduce the likelihood of successful
reintegration into society by prisoners released from Ad-Seg. It is
because of this that we can say prison control units are clearly tools
of social control. This sort of long-term torture must be struggled
against. In the short term this comrade’s demands are a good basis to
organize around. But we cannot lose sight of the need to shut down
control units altogether. We must demand an end to long-term solitary
confinement for any and all prisoners. Of course, in the longer run our
fight is for an end to the criminal injustice system entirely, and we
should frame these battles against the torture of solitary confinement
around this broader struggle so that we are clear about the fact that
the injustice system cannot be reformed into justice.
Regarding the rejection of Under Lock & Key 45, I have yet
to see the publication. Yet allegations that it depicts “sexually
oriented content” make no sense to me. We may be able to use this false
review and classification as a means of obtaining relief against
arbitrary censorship. I am currently in confinement and was unable to
make a copy of the grievance and response for my safe keeping.
My current confinement is a serious retaliation against me resulting
from an incident on September 8, when a prisoner who was in handcuffs
was brutally assaulted by a Sergeant A. Arana. Shortly after the assault
I wrote a kite to a prisoner in confinement, informing him that a few
other prisoners had witnessed him being brutalized by Sergeant Arana. I
listed the names [of 3 other prisoners] in the kite, informing him that
he needed to write a grievance to the Inspector General ASAP, listing
those names as witnesses, that he gotta go all the way through with it,
that he could sue and that I was writing the secretary of the Florida
Department of Corrections Julie Jones asking her to look into his
brutality.
On September 12 all those names I mentioned in the kite and myself got
rounded up and placed in confinement under investigation. The Captain
showed me my kite even though it was not written using my government
name. I was being placed under investigation for “conspiracy to defraud
the state.” No such charge was delivered. Everybody else was released on
September 16, and I was released from confinement on September 18.
Once released I learned that Sergeant Gaucin, Sergeant Arana and
Sergeant Sanders were telling prisoners on the compound that I am an FBI
snitch. They are obviously trying to get me stabbed or killed. While
being escorted to confinement on September 12, Sergeant Gaucin searched
me and found an FBI/Department of Justice Civil Rights Division agent’s
business card. The agency has visited me twice due to my reporting on
brutality of prisoners. So I carry the card and give prisoners their
information if they need it. I wrote the Secretary a letter about being
called a snitch by officers. On October 2 I was placed in confinement
under protective management. On October 5 I was released.
The very next morning, October 6 at 8 a.m. count, Sergeant Juliano
approached my cell. The cell door was already open. Sergeant Juliano
ordered me out of the cell. I stood at the rail outside of the cell in
perfect view of the surveillance cameras. Sergeant Juliano opened my
locker and started dumping all my property on the floor, loudly stating:
“You snitch, you baby rapist, I don’t want no snitch in my dorm, you’re
getting out of my dorm right now, you wanna write up my officers? If you
don’t stop writing up my officers, I’m gonna fuck you up myself, you
damn snitch, you baby rapist,” making sure he was heard by the whole
wing. He continued, “I’m not Sergeant Arana you snitching mother fucker,
you’re going to jail.”
I was placed in handcuffs while he found my address books stating, “you
won’t be writing the Secretary and FBI and whoever else you like to
write about what’s going on here, you won’t be seeing these anymore,
snitch bitch,” putting my address books in his left cargo pants pockets.
I was escorted to the Captain’s office by Corrections Officer (C/O)
Hunter who stated, “you need to mind your own business, you write too
many grievances, you talk to much.”
At the Captain’s office I informed the Captain of everything that was
said and done by Sergeant Juliano and C/O Hunter. The Captain simply
informed me that I was being placed in confinement pending a
disciplinary review (DR) for disrespecting Sergeant Juliano; something I
never did.
On October 7 the DR was delivered. Sergeant Juliano stated that while
counting, he smelled smoke in the area of my cell and asked me if I was
smoking. He claimed I replied, “Bitch, ain’t nobody smoking, get the
fuck out of here and go do your job.”
On October 8 the DR hearing team informed me that I was being sentenced
to only 15 days rather than 30. They really wanted to let me go, but
they said that they feared for my safety and would decide what to do by
the time my 15 days would be up. I’m waiting to see how it works out.
No matter how it goes I’m filing a civil claim for retaliation. I had
just filed my tort claim in state court, been given a case number and
awaiting a response on my application for indigency. The tort is about
loss of my personal property last October.
We are putting the pressure on the pro-imperialist goons (pigs) down
here by simply letting the Secretary know what’s going on. The move is
picking up. However, they might skip me soon, that’s how it always go.
MIM(Prisons) adds: This report of both unfounded censorship (for
content that does not exist in Under Lock & Key!) and
punishment for reporting on conditions of confinement are ongoing
problems in Florida prisons. We’ve initiated a campaign against the
censorship in that state, but we know that it will likely come with
retaliation against those who choose to participate in the struggle. We
will use the pages of ULK to expose the Florida injustice
system, but we also need legal help to take on the broader
anti-censorship battle. It is of critical importance (and also legally
protected) that our comrades in Florida, facing this sort of abuse, be
able to receive political education and communicate their stories to the
outside world. Fighting the censorship is an important part of the
battle. If you are in Florida and want to get involved in the censorship
battle let us know.
by a West Virginia prisoner October 2015 permalink
Cowards will hit you when you’re in chains. Anger fits you,
coursing through your veins. Inflicting violence when you can’t fight
back. Demanding silence or the charges will stack. Stop resisting,
I’ve got mace! Was sleeping, now on your face. Throwing grenades
when you are unarmed and compliant. Snitches, puppets and police
can’t take down a giant. Most are grimy, with much snake in their
blood. The rest, evil flowers beginning to bud. Giving us bad
water and rotten food. What the hell put them in such a bad
mood? Don’t think they can get the cuffs any tighter. Of course
they will have to chain up a fighter. Excuse me, I’ve done nothing
wrong, sir. Under his saddle must be a burr. Getting sprayed after
being cuffed. Wearing a badge must make them tough. Everyone
should apply a little resistance. Make the pigs call “Officer in need
of assistance.” Like a martye against ten, maybe more or
less. Just give as much as you take, simply do your best.