Under Lock & Key

I am new to the cause, but not new to the system. I am currently in reception here in California waiting to go to mainline. I am writing to let you know I have received the newsletter and the letter from the comrades in Pelican Bay and their serious issues [concerning their hunger strike], but I am also writing to let you know about some issues we are having with health violations and degrading of prisoners by the pigs.

First, we are being housed in gyms and they are in real nasty condition, black mold in the restrooms, no air to keep us cool, with temperatures that reach over 100 degrees this next month. We have no fire sprinklers and there is an infestation of birds and bird lice that is giving prisoners rashes and bite marks. People are passing staph infection around, and they make us go without soap and other supplies for weeks at a time.

MIM(Prisons) adds: It is conditions like these in prisons across the country that led to prisoners all over California acting in solidarity with the hunger strike initiated in Pelican Bay this July. And these common interests compelled the organization of the United Front for Peace in Prisons as a vehicle to unite the lumpen so that we can organize effectively against the criminal injustice system.

On June 21 I received the [Hunger Strike] campaign update and I do truly admire your organization attempting to liberate not only confined prisoners but all oppressed people within the nation. Thank you!

Tomorrow, on July 1, I will most definitely be participating in the mass hunger strike here in Pelican Bay State Prison. I’m under lock and key isolated in administrative segregation awaiting transfer to Corcoran SHU for over 17 months now, and this inhumane, dehumanizing and repressive treatment of these control unit prisoners must come to an end. I am tired of being targeted and psychologically tortured in solitary confinement, which causes severe mental harm to the point of having conversations with myself. This is a form of sensory deprivation and must stop immediately.

Another reason why I will be protesting along with the SHU prisoners is because here in CDCR there are no simple programs such as tattoo removal programs. Some prisoners like myself were incarcerated as juveniles and tried as adults, and we made mistakes by putting tattoos on our bodies. So by attempting to truly rehabilitate myself I want all my tattoos removed. As a prisoner I should have access to programs like this. It makes me question, does California Department of Corrections deserve the title of “rehabilitation?”

MIM(Prisons) responds: There’s no question about it, they do not deserve the title “Rehabilitation” which was added years ago without any change in their practice or policies to justify the term. Former prisoners who spent years in these isolation cells can attest to that. The lucky ones have family or find organizations with the resources to support them. But too many are stuck in destructive cycles. Meanwhile, there is a criminal mentality that penetrates the whole populace in the United $tates based in capitalist individualism. It is up to revolutionaries to develop independent institutions that can truly address the rehabilitation needs of the oppressed lumpen who have more interest in revolutionary change than most Amerikans who sit idly by while hundreds of thousands of people are tortured in their country.

Dear Warden Lewis,

I am writing this letter to you to express my concern for the prisoners held in Pelican Bay State Prison’s short-corridor Group D. It is my understanding that these people have no disciplinary charges, but are being held in extreme isolation, unable to send photographs to their families or speak to them on the phone, which clearly is in violation of the First Amendment. You must meet the “important” and “necessary” test before you can restrict or censor inmates’ outgoing mail. ( Bressman v. Farrier, 825 F. Supp. 231(N.D. Iowa 1993); Altizer v. Deeds, 191 F. 3d 540 (4th Cir. 1999); Stow v. Grimaldi, 993 F. 2d 1002 (1st Cir. 1993). For telephones see: McMaster v. Pung, 984 F.2d 948, 953 (8th Cir. 1993) ).

I am concerned that these prisoners, who are under your responsibility, are being denied their Constitutional right to due process, equal protection rights, and cruel and unusual punishment. Not only do these inmates not have any disciplinary charges, but IGI is intimidating and harassing them into fabricating information to avoid false gang validations. This is illegal and upsetting, and meets the “significant and atypical” standard. See: Ayers v. Ryan, 152 F.3d 77 (2d Cir. 1998); Taylor v. Rodriguez, 238 F.3d 188 (2d Cir. 2001); and Hatch v. District of Columbia, 184 F.3d 846 (D.C. Circ. 1999). This is a violation of legal ethics, and as a citizen of the state of California, I expect fair treatment of prisoners from a state employee rather than allowing these gross violations of the Constitution to happen right under your nose.

Studies prove time and time again that prisoners who have contact with their family are able to rehabilitate much better than those who are isolated. They are better able to adjust to society when they are released, and avoid being sent back to prison. It is completely irresponsible that you would permit IGI to cause this potential psychological damage to a person, when they are supposed to be allowed these privileges.

Since you are the Warden of Pelican Bay State Prison, I am asking that you intervene in these illegal and irresponsible practices going on in short-corridor Group D. Please allow the prisoners held there their full privileges according to CDCR policies, and end the harassment and intimidation of prisoners, especially ones who have no information, and no disciplinary actions.

Thank you for taking the time to read this letter. I also thank you for your future efforts to resolve this problem.

Sincerely,
a California prisoner

Dear Warden Lewis,

I’m writing to express my concerns for the inhuman treatment being inflicted on these disciplinary-free prisoners housed at Pelican Bay State Prison’s short-corridor Group D. The conditions there must change because of the nature of the situation. Please allow these people room to have phone calls, send pictures to their loved ones, etc. If we have no respect for the U.S. Constitution how shall I, as a free man one day, respect or honor the rights of others, after witnessing these wrong doings? I’m facing a real challenge when I return to society in September 2011. If we continue to strive to solve problems we must begin in our community and this is one of the largest communities I’ve ever been a part of and I believe that the strike on July 1, 2011 will begin the process for a collective change as one unity.

I have faith you will resolve the problem.

Sincerely,
[a prisoner in California State Prison - Sacramento]

I will strike with these men in unity.

I’m writing to you to report about the food kitchen meals now being given to us prisoners here in Texas at the Barry S. Telford Unit, even here in Ad-Seg. It is beyond cruelty, and passed unusual. This is punishment with the intent to kill. There are many of us here of both level 3 and level 2 who cannot read or write successfully, who have raised the most hell by protesting the meals on each trays. The grievance department workers state they are doing all they can to get the trays to their proper balanced-diet meals. I have yet to see a balanced meal. This started in 2010! And now on the weekend, the trays are so poor that many have said they can barely stand to eat it. The Johnnies are worst, but they are only cold, not hot meals. Sadder still, the ranking officials, and the on-pod security rovers on the floor refuse to correct meals.

We have been told it’s the budget cut passed for Texas prisons. There has been a cut of all carton milk, and powdered milk is now given as a substitute. Coffee has been cut off, given only seven days per month. We hear rumors now that other units are suffering worse still than ours. The rumor is they are receiving a breakfast meal, one lunch, and one johnny sack on last chow meals.

Those who get put on food loaf and think they like it better than the trays have changed their tunes all the way around. The food loaves are the size of a slice of bread, and only as large as a honey bun. And get this, there’s nothing but bread in them; no vegetables, no beans, no meat, not even any fruits!!! At breakfast they might put cheerios on top of them, and the guards laugh and joke about it. But it’s sad a thing to endure for 7, or sometimes 14 days.

I have been helping many write up each meal, but the only time we get a decent meal is when a holiday comes along, or when an outside prison or government agent is here visiting, and trays are heaped up so high there’s extra everything. Then even the snacks get a slice of bologna and cheese, or peanut butter with jelly.

Here on Ad-Seg the prisoners are not even up during the daytime or to go out to recreation due to weaknesses and waves of nausea.

MIM(Prisons) adds: We’ve been hearing a lot lately about budget cuts at prisons leading to cuts in the already insufficient food that prisoners receive. This is a serious matter as prisoners become weak and sick, while staff continue to bring home fat paychecks. Grieving the inadequate food is a good first step to get organized around this battle. For those in Texas whose grievances are ignored, contact us for a copy of our grievance petition demanding that our grievances be heard.

On April 28, 2011 a complaint was made against two lieutenants and the associate warden of operations (AWO) at Lovelock Correctional Center (LCC) for threatening the entire Protective Segregation (PS) housing unit population with group punishment if the gambling, homosexual activity, tattooing, etc. continued, despite the fact that those who’d been caught were known and identified and/or already facing disciplinary procedures.

The same night, a number of individuals were caught gambling, and the following morning both PS housing units 3A and 3B were locked down. The lockdown was purportedly in response to the gambling incident.

On May 10, 2011 a minor altercation occurred between two prisoners in the LCC dining hall. These two individuals were placed in more secure housing where they received:

1. telephone access
   
2. law library access
   
3. library access (i.e. book cart)
   
4. cleaning supplies for cells
   
5. full food portions in two hot meals per day
   
6. yard access
   
7. due process prior to loss of privileges and punishment
   

1. lockdown for 6 days with showers on first and fourth days
   
2. loss of cell visiting privileges (permanently)
   
3. loss of open access to cells and toilet accommodations (permanently)
   
4. no law library access
   
5. no religious access
   
6. no library access
   
7. no telephone access
   
8. no cell cleaning supplies
   
9. no tier time/yard time
   
10. refused grievances and “advised” not to “fly paperwork if we want off of lockdown”
    

Upon being let off of lockdown some of the population united around these and other issues long overdue for redress and formulated a complaint alleging several violations of civil and human rights which are embraced by the following acts and holdings among others:
22 USCA 6021 (9)
22 USCA 6401 (in toto)
42 USCA 1997a (CRIPA)
42 USCA 2000cl (RLUIPA)
Bounds v Smith 37SCT1491 430US817
Heck v. Humphrey 114SCT2364 512US477
Wolff v McDonnell 94 SCT 2963 418 US 539
Breenholtz v Nebraska 99 SCT 2100 442 US 1
Estelle v Gamble 97 SCT 285 429 US 97
Turner v Safley 102 CT 2754 482 US 78
All of which are US Supreme Court holdings which are binding upon Nevada (Nevada constitution article 1 Sec 2 Bargas v Warden NSP 482 P2d 317 87 Nev 30 91 SCT 1267 403 US 935 29 LED 715)

The complaint raises the following (and other) issues which are constant and pervasive conditions at LCC among PS prisoners:

1. unsanitary/unsafe dining hall conditions
   
2. inadequate food and medical treatment
   
3. compulsory strip searches daily (to boxers) frequently done by females
   
4. verbal abuse by staff in the form of derogatory racial, cultural and gender charged epithets
   
5. abusive and retaliatory behavior toward adherents of non-traditional religions
   
6. inadequate legal access and retaliation for accessing legal process
   
7. coercion/harassment in the form of cell searches and theft/destruction of personal property as retaliation and for furtherance of personal agendas
   
8. withholding/theft of mail, opening legal mail outside of prisoner’s presence
   
9. use of prisoners in supervisory capacity and as facilitators/teachers of rehabilitative and psych programs which impact earned sentence credits, parole board decisions and sentence duration
   
10. fomenting hostility and animus between prisoners using confidential or otherwise sensitive information
    
11. group punishment/threats of collective retaliation and punishments
    

It is easier to keep what one has than it is to regain what one has already lost, but this is not a message which is widely understood by the new prisoner class.

In any event, if information concerning our struggle becomes available, it will be put “before the world.”

MIM(Prisons) adds: We applaud prisoners coming together to fight repression in their housing units. In this case it is prisoners in protective custody, a place our prison comrades are fond of reminding us is rife with people who informed on other prisoners (often falsely) to save their own hides. We cannot often know who, in PC or general population, is a snitch, but we can judge prisoners by their actions and uphold the correctness of struggles against prison brutality wherever they arise.

I am an Alaska prisoner at a Cornell company, Cornell Corrections, a private for profit facility in Hudson, Colorado. This facility is not to be confused with a state or federal operated prison. It has private investors and is contracted to the state of Alaska to house prisoners because of the so-called overcrowding.

This facility as with all private for profit facilities is extremely corrupt. Cornell Corrections has a long history of corruption and illegal actions. I, along with a large percentage of the prisoners at this corrupt facility, should not be here because we are maximum security and maximum custody. The Alaska DOC/Cornell company’s contract and the state of Colorado statutes both state that no maximum security, or maximum custody prisoners are to be housed in private, for-profit prisons in the state of Colorado.

The employees at this corrupt facility are not sworn to oath correctional officers. They are untrained or extremely poorly trained private citizens. Cornell employees are not empowered in any official capacity. If indeed they employ a law enforcement or correctional officer, these COs may not exercise their official authority while employed by a private party or contractor. This is a conflict of interest and allows for lawsuits to be filed on them for this illegal action.

I am at present in the SHU, Special Housing Unit, due to a fight instigated by a Cornell employee, Joe Hammock, employee number 17454. Joe Hammock had harassed and humiliated me numerous times prior to this incident which took place in May, 2010. A Black female employee, Larnette Mingo, employee number 17432, joined Joe Hammock in this fight. I had filed several complaints and grievances over harassment, humiliation, and discrimination actions by Mingo towards me and other non-Black prisoners. These two employees were then joined by two more employees, Stephen Mannan, employee #17273 and Paul Price, employee #17219, with Price being the senior employee in charge. I at this point had approximately 900 to 1000 pounds jumping on top of me. Stephen Mannan put handcuffs on me squeezing them down until they cut into my wrist and then stood and kicked me in the lower rib cage. I was then basically dragged through the G-A Mod by pulling and jerking on the handcuffs by Price and Mannan, through two sets of doors and then Mannan and Price threw me in a corner with Mannan then slamming my head into the wall cutting my right eye, while yelling, “I never liked you anyway, I’ll make you sorry for what you did you scumbag. I’ll make life a living hell for you.”

I was then escorted to the SHU unit (the Hole) where I have been since. I ask for law enforcement to be summoned in accordance to law, and they were not. When I ask for law enforcement to be called I was told by a female employee, good luck, as she walked away laughing. Law enforcement was supposed to be called due to this being an assault issue at a private, for-profit prison. I ask at least three times for police to be summoned. A medical employee then came to the cell I was in. I asked to see credentials as to who and what part of the medical profession she was, which she stated she did not have to produce. I then refused to speak to her due to the fact that medical issues are to be confidential, and not to be shared with non-medical employees.

They claimed that I am charged with assault on staff members. I have not received any paperwork from the Colorado court system or law enforcement that any charges were filed on me. I have been hauled to the Weld county courts two times and was appointed a public defender, whose name I do not know.

In June 2010 a disciplinary hearing officer from Cornell Corrections, J. Becker, came to the cell I was in and stated that the District Attorney of Weld county, Greely Colorady had dismissed all charges and that I was not charged by DOC Alaska for assault of a staff member. A disciplinary hearing was held by J. Becker after the charges were dismissed and I was sentenced to 30 days of punitive segregation which I served and was completed. The state of Colorado is now re-charging me for violations I have been sentenced and served my punishment for ending. I find this action to be extremely corrupt and illegal. The public defender appointed to me has done nothing in my defense. I am just one of an extremely large number of Alaska DOC prisoners to be corruptly and illegally treated at this Cornell companies facility. All of the corrupt and illegal actions mentioned prior are promoted by, condoned and endorsed by very corrupt Cornell company and facility heads, superintendent Rick Veach and his cronies, Trevor Williams, and Scott Vineyard.

MIM(Prisons) adds: This prisoner gives some good documentation about the private prisons in Colorado along with details about the employees who are perpetuating a system of corruption and abuse. As we explained in our article on the U.$. Prison Economy, private prisons are a small portion of the criminal injustice system, at least partially due to their inability to remain profitable. But we know from reports from other prisoners and our own research, private prisons cut costs in ways that lead to even more atrocious conditions and danger for prisoners. We print this article as further documentation of the conditions in private prisons.

Just as it is in all of the places that are discussed in Under Lock & Key, the system here in Maryland is a joke. Prisoners in this system who wish to air their grievances have no outlet because the same pigs who were writing them up are the same pigs that handle the administrative remedy process.

In 2008, a memo was put out to prisoners, written by the Prisoners’ Rights Information System of Maryland (PRISM). It indicated that a Federal lawsuit had been filed by a prisoner represented by PRISM and that that lawsuit resulted in the division of corrections, revising directives governing the administrative remedy process. One of the changes included the adoption of a two-piece carbon copy complaint form so prisoners can retain a copy of the ARP, thus reducing risk of loss and destruction and providing proof of exhaustion of remedies.

For a while this two-piece carbon copy complaint form was beneficial to prisoners, however, like everything else that has been put into effect to ensure that “justice” for prison inmates is upheld, officers have found a way to undermine the system. At first many officers began to refuse to sign the ARPs, but after prisoners began to complain about this injustice the cowards gave in because they did not want to be written up. Then they created a new system stating that no officers could sign an inmate’s ARP, only a Lieutenant (Lt) or a “designated officer” could do so. These Lts and designated officers pick and choose which ARPs they want to sign and which ARPs they want to scrap. We have to give our ARPs to a tier officer to take to the Lt because a Lt will never come get it himself. If the Lt is okay with what you’ve written it will be signed and the carbon copy will be returned to you. If not, you’ll never see it again.

The whole point of the carbon copy is to prevent loss or destruction. It is supposed to be signed and dated in front of you so that the carbon copy can be handed back to you right then and there so that you will have proof that you wrote the ARP if something happens to it.

In the segregation unit of Eastern Correctional Institution, Lt Galligher is one of the leaders of the good ol’ boy network. It is he and he alone who is in charge of signing ARPs and he must have worked as a magician before working for the division of corruption because he sure does know how to make a grievance disappear. Not many people write this up because this Lt and the other pigs who put this system into place will not hesitate to retaliate on anyone that attempts to expose them. I, however, am not afraid and plan to attack this joke that they call a grievance procedure from every angle possible.

I agree with the brother from Washington who stated that in ULK 19, “[t]he only way that we as prisoners will be treated fairly and with justice is if a neutral outside company or corporation dealing solely with grievances and our claims is constructed.” Otherwise we’re just complaining to the same people who are administering the many forms of injustice that we are fighting against. It’s a new era, it’s time for change, it’s time for solidarity. I’m especially speaking to those of you who are in an organization, this is what our energy should be focused on, instead of trying to destroy the many forms of injustice that we are shadowed with on an everyday basis. It’s time for change. The time is now. Power to the people!

MIM(Prisons) adds: In response to this sort of injustice around prisoner’s grievances, some United Struggle from Within (USW) comrades initiated a grievance campaign. Write us to get a copy of the grievance petition for your state if you reside in California, Missouri, Oklahoma or Texas, or a generic petition that you can customize for your state if you are anywhere else.

I am currently serving a state sentence at Florida State Prison on Close Management (24 hour lock-down). The prisoners are treated like hogs in a barn, not human beings. The clothes here are filthy and stained with blood, urine, feces, oil, and semen. They are passed out on a weekly basis. We can catch a disease this way.

And the meals are always underdone. Prisoners have gotten sick from this, a stomach virus. If you file a grievance on it, the correctional officers won’t feed you the next day.

The pigs will write prisoners bogus disciplinary reports sometimes, and if you try to file an appeal after they found you guilty of the infraction your appeal comes up missing. How can a prisoner win like that? The system is designed for us to lose even if we’re right in our argument.

The correctional officers like to jump on prisoners in handcuffs/shackles in the assigned cells, on the rec yard, anywhere where there’s not a camera to catch the injustice. How can anyone defend themselves when they’re helpless?

The COs try to discourage prisoners on a daily basis out of their institutional call-out, meaning they will bribe them with contraband like cigarettes, chewing dip, coffee, knives, etc. A lot of them will fall for it all the time because they are trying to support their bad habits. It’s sad on both parties’ behalf.

Florida prisoners have no unity whatsoever and they never will as long as they continue to be brainwashed by the COs and continue accepting contraband that is being brought in by DOC workers to prisoners. As long as this keeps going on there will always be fights between one another.

MIM(Prisons) adds: The oppressive conditions in Florida are similar to those throughout the criminal injustice system, and this comrade’s call for prisoners to unite underscores the motivation behind the United Front for Peace in Prisons. One of the 5 principles of the United Front is Independence. The oppressed need to develop institutions that meet their needs. There are plenty of examples of prisoners pooling their resources to take care of each other, rather than relying on the COs who only hope to poison the prison population with drugs, weapons, rumors and jealousy.

As mentioned in prior writings by comrades, the struggle, especially for those incarcerated, must encompass not merely a study of history but an application of those strategies that in some way benefit the cause as a whole. One aspect of such application are the legal remedies which can set precedence for many who may need such standards in proving the wrongs done by prison officials. However the opacity and cover-up culture of prison industry in some instances allows for these same freedom fighters to unknowingly sacrifice their very lives for the sake of the many. Here at Tecumseh State Correctional Institution in a rural part of Nebraska this fact remains ever alive.

We are still mourning the death of a prisoner who has on several occasions successfully challenged institutional policy, winning both injunctive and compensatory judgments. In the process he made enemies, invoking the wrath of those running this warehouse. And although this comrade was in phenomenal physical condition he somehow experienced an aneurysm and mysteriously died. Some have postulated his diet of tuna was the cause, other more conspiratorial minds say he was murdered because of his success in exposing questionable actions by those officials. I myself have chosen to accept the latter.

I mention this with regards to a legal battle I will enter very soon pertaining to a number of constitutional rights that have been violated. This struggle is real in every sense of the word and unfortunately requires its martyrs, without which one would not perceive the seriousness of our collective struggle.

The constant study, comprehension and application of the tenets of independent thinking, which will always remain applicable to our situation, must continue for substantial change to occur.