Under Lock & Key

As I laid there on my prison issued bunk, nursing my wounds and pains, I thought back to the very day I was sentenced to prison. Did my sentence also include occasional excessive force? Did the judge also pronounce contrived rule violations as part of my sentence? Were all my constitutional rights relinquished that day? I don’t recall the judge asserting anything to that fact. But evidently, brutality perpetuated Under the Color of State Law is an inherited trait of prison.

The term “Under Color of State Law” means that civil rights were violated by an individual or individuals who at the time of the violation were employed by the local, State, or Federal government.

Since brutality under Color of State Law is so prevalent, it would be appropriate if the sentencing Judge would state the obvious during the sentencing phase of whatever crime a person was convicted of. The Judge could say something to the fact, “I’m sentencing you to 10 years in prison, plus some occasional excessive force, which will be administrated by various rogue Correctional Officers throughout the course of your confinement. In addition, you will also be subjected to several contrived rule violations. The frequency of these false rule reports will depend on the utter lack of integrity and the psychopathy of each rogue Officer.” At least this information would give a person facing incarceration a heads up. Time to mentally prepare themselves for the Guantanamo Bay-style treatment that will be visited upon them.

During the course of Correctional Officer B. Johnson’s assault on me, I felt as if I were somehow transported to a Third World country where human rights and regulation did not exist. Apparently, my assailant felt the same. How else could he feel so at ease with openly violating my civil rights, right there in front of two other officers, who evidently concurred with B. Johnson’s views on civil rights? Maybe the three officers forgot they were in Amerika? That they were correctional officers employed to uphold the law in a system governed by the U.S. Constitution? Or just maybe they forgot that I am a human being? Officer B. Johnson did call me a “Jungle Bunny.” But if that were the case, shouldn’t animal rights have protected me that night? Here in America, if you harm an animal, you will go to jail. Who knows what the three officer’s were or were not thinking. Whatever it was, the shear, sadism of it all was revealed that night.

The assault was witnessed by two prisoners. Both were housed in a cell that gave them a direct view of the incident as it took place. One prisoner, who initially claimed that he witnessed the assault, later recanted his story. He became a confidential informant. He had alleged to the investigating Officers that I conspired to falsely write up B. Johnson for assault. He was originally placed in the hole for a cell fight, whereupon he threw hot boiling water on his cellmate. His cellmate received 3rd degree burns on his face and chest area. At that time he was facing a segregated program (SHU term) for assault on a prisoner with a weapon (hot water), causing serious injury. Also a possible DA referral. But all that disappeared after he provided false confidential information concerning B. Johnson’s role in the assault. This prisoner was released from the hole and placed on Corcoran’s SNY yard, which is a protective custody yard, equivalent to Disneyland.

Officer B. Jonson, has a history of assaulting prisoners in handcuffs. Now I have a permanent shoulder injury. I will need surgery at some point. I have received physical therapy treatment.

MIM(Prisons) responds: We agree with this comrade’s assessment that prison sentences in Amerika come with implicit brutality and both physical and mental abuse. These go well beyond the legal punishments supposedly a part of criminal “justice” in this country. As this abuse is standard in Amerikan prisons, we disagree that the perpetrators are “rogue officers.” We need to expose this systematic brutality and organize towards a level of unity that will make it very difficult for individuals to turn against their fellow prisoners, and where the guards know that we have the numbers to fight back and prevent this violence.

On 19 January 2011 High Desert State Prison (HDSP) was visited by administrators from the headquarters of the California Department of Corrections and Rehabilitation (CDCR) in Sacramento, as well as the inspector general. These administrators finally listened to the many complaints from prisoners and outside advocacy groups and started an investigation into the corrupt policies and actions in place here at HDSP. In this struggle, MIM(Prisons) was instrumental in sending us petitions to submit regarding the appeals process.

This investigation had two parts. It was carried out by several administrators and started in the morning and continued into the early evening. Several prisoners were interviewed, some once, while others twice. I was one of those who was interviewed twice, first by a Correctional Counselor II from headquarters. We discussed the appeals process here at HDSP. During this interview we mostly talked about how our appeals are continuously screened out, denied, lost or simply ignored. The interviewer asked meaningful and intelligent questions and took detailed notes, and he appeared surprised by the lack of meaningful access to the appeals process. This interview only lasted between 10 and 15 minutes.

Later that same day, at around 5:45 p.m., I was again taken from my cell for an interview. This time it was with a captain from headquarters (Sacramento) and the inspector general. During this interview I was told that they, Sacramento CDCR Headquarters, were doing these interviews due to the pressure and complaints coming into Sacramento from prisoners, advocacy groups, and prisoners’ families. They said they were simply conducting fact-finding interviews. This interview was more in-depth than the morning interview. We discussed a wide range of topics during the interview from the mass validations of the northern Hispanics on 4 August 2009, the poor conditions here in Z-unit (administrative segregation), to the many violations of our constitutional rights. Again the interviewers asked many valid questions and took notes, giving the appearance of taking things seriously. I did not buy into the act.

During this meeting they showed me copies of petitions I had mailed out which included the MIM(Prisons) grievance petition. I don’t know if this is going to make any difference because I think (and hopefully I’m wrong) this was only a smoke and mirror show to attempt to pacify those of us who are fighting against these corrupt and unjust policies. But only time will tell how big a victory this truly was, because it was a victory!

I seriously doubt anything comes of this so-called investigation that is a significant improvement to the quality of life for us here in the zoo (Z-Unit). The reason I think this is the day after the Sacramento officials left HDSP, staff on Z-Unit started their retaliation. They cut our food portions almost in half, and the law library was denied to those of us who are Priority Library Users and have court deadlines. So I expect things will go back to normal in a week or two. Its the same every time anyone visits up here. One of the Sgts did say that they are totally redesigning the entire appeals process and we did get beanies (to protect us from the cold on the yard).

However this is not enough, we cannot afford to be satisfied with this token gesture of a beanie and some promises. No, we must continue to fight and put the pressure on HDSP until we are given all of our rights as well as everything we are entitled to by law and common human decency.

MIM(Prisons) adds: Contact us for more information about the campaign to end the Z-Unit Zoo, and the grievance campaign which is active in multiple states. If there are problems with the grievance system where you’re at, spread it to yours!

I am just checking in with current cowardly acts perpetrated by cowardly Kkklinton (Clinton Correctional Facility in New York). (see ULK 17)

The murder of Mr. Leonard Strickland(see 1,2) last October 3rd 2010 in upper F Block has now been termed “death by natural causes” by channel 5 news media in Vermont.

More recently, corrupt klansmen under disguise of law abiding civil servants jumped on a 5’6” 147lbs man. And get this, one of the cowards, CO Barnaby, is also one of the murderers of Mr. Strickland. The others involved in this particular incident of brutal assault are COs L. Bezio whose family members are numerous here in Kkklinton and CO B. LeClair whose family members are also employees of facilities here in northern New York, including Kkklinton.

The behavior of these corrupt officials is very onerous, especially when their superior acting Deputy Superintendent, Captain of Security Facteau makes statements such as “this is a dictatorship, not a democracy,” a statement that is relayed amongst all employees giving them the green light to violate even the prisoners’ minimum standards.

Maybe one of these days the lumpen will unite as one and focus on our real enemies?

I am writing to inform my comrades about a torture “suit” that the state of New York has mimicked from California’s state penal system. The suit was designed for sex offenders, NYS DOCS isn’t using it for sex offenders. They’re using it as a form of oppression, degrading, exploitation, and violation of prisoner’s 8th amendment.

The “suit” is a jumper with a zipper in the back, no pockets, no front fly, and a master padlock on the back of the neck. If you don’t wear the “suit” you’ll be what they call “four-pointed.” This is where they shackle you to a start-up desk. They put handcuffs on your wrists and shackles on your ankles for two hours.

It has been proven that New York State DOCS does not have a policy for this “suit.” Everything about this “suit” says “you’re New York State Slaves.”

I’ve been very violent due to seeing the pigs illegally place comrades in this “slave-suit.” I’ve never had to wear the “suit,” but a close comrade of mine had to wear it for 30 days. He refused to wear the “suit” and be paraded around like a slave. The only comrades being forced to wear this “suit” is the Blacks and Latinos.

MIM(Prisons) responds: This is one more way the New York State prison system perpetuates brutality against their incarcerated population. Get involved in the struggle to fight this brutality!

I long ago came to the realization that oppression exists everywhere, regardless of our current position or circumstance. Within concentration camps such as this “La Lucha Continua” - The Struggle Continues! When we submit and allow our oppressors to dictate our actions and decisions then we lose major points within our struggle. Our oppressors know that we’re more of a threat alive than dead and so that’s why our oppressors strive to push us into that fatal state of defeatism. And so, for those comrades who’ve walked a suicidal line, for those who’re contemplating suicide, I say “Live! Our youth need you! The community needs you! And brothers within this crooked system such as myself need you!”

Every time I receive a newsletter from MIM(Prisons) I read about comrades in Wisconsin, California, Texas, Arizona, and Illinois! And so, I want to give our readers a peep behind these steel doors and concrete walls in the state of Tennessee. In a failed attempt to mentally and physically break me into submission because of my rebellious nature against oppressive authority, the warden at West Tenn State Prison (WTSP) had me transferred here to DeBerry Special Needs (DSNF) and placed in Unit 7 which is supposed to be a mental health program, but to all TDOC employees and correctional officers here, Unit 7 is knows as the “Gladiator’s Academy!”

Everyday, prisoners who are mentally stable or unstable are verbally, physically and sexually assaulted, abused, mistreated and tortured. In Unit 7, L, D and F pods, TDOC correctional officers will give a prisoner a razor blade or 2 sheets and tell him to make the world a better place! From 2003 to 2010 several prisoners died suicidal and violent deaths at the hands of these TDOC employees who’ve sworn to uphold the law (their law)! Certain prisoners won’t get fed for days and the results of this type of torture is fatal for the prisoners.

If a prisoner files a grievance in regards to this matter then he’s immediately placed on rec, shower, mail and food restriction. And it’s not uncommon to witness a gang of TDOC employees beating a prisoner or hitting him with the taser gun or electric shield because he refused his prescribed psychotic medicine. The warden here, Jennie L. Jobe, and the deputy warden Debra Johnson are fully aware of what’s going on in Unit 7 here, yet they’ve made no move to put an end to this madness.

Here at DSNF in the state of Tennessee and everywhere else in the world, oppressors/downpressors are at their best because they’re united! If only all of us would do the same…unite!! I don’t consume any type of psychotic (or non) medicine yet I’m still here. I’ve requested to be discharged several times but all of my requests have been ignored. And if I become too rebellious then in the name of mental health my oppressors will inject me with their poison medicine. I know that one small dose could alter or completely destroy my mind.

Sergeant S. S. Crandell, Yega, S. Motto, S. Byers, and Fish victimized me on 15 October. They stole my television and lied, saying it had wires sticking out.

Guard Yega handcuffed me and took me to the program office over a 602 [grievance] for indigent envelopes I never received. When I returned to the cell, all my legal materials were in a large pile on the floor, covered with shampoo, coffee, hair styling gel and baby powder. My television was gone. Officer S. Motto threatened to kick my ass if I 602ed it.

Can you please help? My aunt has cancer, and my family is sick living on a fixed income.

I want to tell my story about what’s happening to me and others like me. I’m labeled a Security Risk Group Threat Member (SRGTM) because I fight against oppression. Me and other members of groups are being targeted. We are being punished, and the form of punishment being use is violating the United States Constitution 8th Amendment. During our legally mandated meaningful hour recreation in outside air, I and other SRGTM prisoners are being handcuffed behind the back, and we can’t properly get exercise while handcuffed in this painful way. After a half hour with my hands cuffed behind my back my wrists and shoulders are in pain, and this pain continues even after the cuffs are removed. And all SRGTM have been going through this for 5 to 6 months, maybe more. I believe this is cruel and unusual punishment.

Here’s what I wrote to the unit manager captain Marinelly. I also wrote to Deputy Warden Faucher, Warden Angel Quiros, and Commissioner Leo Arnone. These people, these pigs of oppression, don’t have morals or principles.

Mr. Marinelly,

I am hereby addressing this policy that the administration has put into effect. This is my second complaint, since early this year about this condition where security risk group threat members have to be handcuffed behind the back. This in fact is a violation of my 8th amendment, the right to be free “cruel and unusual punishment”, as guaranteed by the eighth amendment of the United States constitution…

I am an A.S./Phase 2 prisoner, I am also labeled as a Security Risk Group Threat Member and due to that label I am forced to be handcuffed with my hands behind my back if I want to go outside to exercise for my entitled one hour recreation. I already have pain in my wrist and shoulders being cuffed from the back for an hour. How can I exercise like that?

Sir, if you take a look at the “Connecticut prisoners right handbook” and look at chapter 8 page 66, “Exercise and Recreation,” you’ll in fact see how serious and severe this violation is.

Paragraph 2 explains this: Prison officials cannot take a prisoners’ “exercise privileges for a substantial amount of time without a good reason. Restrictions on exercise must be limited to ‘unusual circumstances in which exercise is impossible because of disciplinary needs.’”

Indeed, the fact that a prisoner is violent may justify segregating him or her from general prison population, but does not necessarily justify prison failure to make other exercise arrangements. In addition, prison may not invoke cost consideration in denying prisoners the opportunity to exercise.

Prisoners’ right to exercise does not require prisons to provide games or weight equipment for indoor or outdoor exercise areas since reliance on running, calisthenics, and isometric and aerobic exercise satisfies the exercise requirements of the 8th amendment. Prison need only provide time and space.

Sir, how can one do any of the above mentioned exercises that satisfies the requirements of the 8th amendment with his hands cuffed behind his back. This situation isn’t for a week or two weeks, but for however long it takes for those who are “SRGTM” to get to 2 East, those of us have to do 4 months as phase 1 with our hands cuffed behind our back. So a month in AS/phase 2 and 4 months in phase 1 of the SRGTM equals 5 months or more. I believe that is a substantial amount of time, wouldn’t you agree?

This violation not only deprives me of my adequate exercise. May I remind you that’s protected by our 8th amendment of the United States constitution. It also puts me in danger, how can one defend himself if someone slips his cuffs off and attacks me while my hands are cuffed behind my back. I am asking, Sir. Marinelly that this violation be investigated and corrected immediately.

MIM(Prisons) adds:
This is yet another example of the brutality of the Amerikan criminal injustice system which barely pays lip service to even following their own rules and regulations. Because these are not just individual cases, MIM(Prisons) focuses on fighting the entire system. We know that we can’t win until imperialism is defeated. But exposing the injustice system and organizing prisoners in a United Front are important for developing the anti-imperialist struggle here in the belly of the beast.

It happened again! These vicious ass wild boars killed another brother here in Kkklinton maximum facility. Sunday morning October 3, 2010 approximately 9:10 am the roughshod started as brother Leonard Strickland was assaulted while being moved from one cell to another cell. As it played out on the news that following night I became greatly agitated. The media (4th branch of government) accused brother Leonard Strickland of assaulting the guard which is malarkey (those are the only facts the administration has!). These wild boars say that so they can justify their use of deadly force. Another thing the media (WPTZ 5) said was that “prisoner Leonard Strickland was incarcerated for weapons possession serving 20 years to life” as if that justified his death! We asked, what does his crime or time have to do with the malicious taking of his life. And these sorry ass inmates continue to worry about losing CINEMAX TV. The subliminal message was to all of NYSDOCS sympathizers that you shouldn’t feel sorry for a “Inmate” who was convicted of any crime!

Annually there are 1-2 murders here in KKKlinton. KKKlinton also has a notorious reputation not only for killing the Black and Brown but also for covering it up as well (Suicide or Medical Complications).

On October 5, 2010, Superintendent Thomas LaValley had an emergency meeting with the Inmate Liaison Committee (ILC) to sift the mood of the population and ask the representatives questions on the murder, which he and his team calls an “incident.”

Bottom line is they are lying! They beat brother Leonard Strickland then threw him down a flight of stairs. He was then handcuffed and never regained consciousness. Of course the administration consisting of Supt. LaValley and his Executive Team all lied when they told the ILC “Leonard Strickland was subdued and was walked to the facility hospital (approx. 100 yards). In reality he did not walk because he was unconscious/dead. The State Police stated Leonard Strickland was pronounced dead at 10:45am. On top of all of this, his property has disappeared. The so called Inspector General (IG) didn’t leave a name or contact card with any prisoner. Many assumed it was IG because after the many deaths over the years it’s easy to recognize them.

There is an imminent danger that fills these prison walls and most importantly it’s the Black and Brown prison population that’s in peril! Since I came here in 2006, there have been five murders and a profusion of brutality on the Black and Brown by the all white wild boars called correction officers. I’ve been told by the administration “it’s not a race thing.” Well I beg to differ! I asked when was the last time a caucasian “allegedly” assaulted staff and his death followed? When was the last time they kicked a caucasian’s teeth in, broke his nose, wrist and ribs or stomped, kicked, punched etc.? The reply was “I’m going to have to get back to you on that!” Can you believe that???

As you see, we are literally sitting ducks. Who knows, I might be next for writing about what I see although my time here “is” limited. Now check this out… The State of New York wants to hire 1,000 more young boars!!!

I forgot to mention this, the ILC requested an emergency meeting in June 2010 with Superintendent Thomas La Valley to try and resolve the multiple staff assaults on prisoners that always ended in having no merit. He refused to attend the emergency meeting and less than four months after, Leonard Strickland was killed by these cowards. This all took place less than six months after Superintendent Thomas La Valley took over in KKKlinton. He allowed for the wild cowboy attitude to persist and this led to Leonard Strickland’s live being extinguished.

In the last 2 months I’ve fallen victim to the injustice system in prison. The first time was a sexual assault by a staff member. I’ll not get into that because I’m still dealing or should I say trying to find ways to deal with it. My other incident, I was working in Admin as a counselor aid and was assaulted by a corrections officer. We had had words previously because the job I had did not require me to do what he told me to do so he felt I was “walking on him.”

Well he was sitting in the counselor’s office and he was talking to the man I worked for. He was getting up to leave and I was shutting the door behind him and it hit his boot. He turned around and lunged at me so I threw my hands up in a blocking, defensive manner and he grabbed my pinky and ring finger and jerked it and twisted it which broke it.

My boss called for me to get medical attention (costing me $5) so I’ve got 5 x-rays and doctor’s notes on this incident. I have filed numerous Grievances on this core officer. The paperwork I filed was “too late” or “lost” so it was thrown out and I was placed in protective custody due to the incident. And since it has happened I’ve been treated worse than an old smelly mutt. It’s sad how much the injustice system can get away with here in the united $tates these days. I’ve tried going an alternate route by getting one of the neglected forms with response and mailed it to my lawyer.

A lot of my things have come up missing, they are constantly in my cell searching for items that’s not there. I’ve been trying to file a civil suit of negligence against the state and TDOC since this occurred but I’m having the hardest time from a control unit (23/1) and little if any help.

Since this assault my time has gotten really hard. It’s a struggle every day. Trying to use the phone, the excessive force used to and from the Dog Pen (recreation). A week ago a corporal shoved and spit on me for filing a grievance on him. I got to be on guard with them. They have done all they can do and more. A man can only take so much but it will only satisfy them to see me act out in violence on them so I’m taking every precaution to their games. It’s quite sad they stoop this low.

I wish there was another way to reach out. I know I’m not alone and we keep our heads up and keep on fighting from behind bars. I am trying to keep it cool and recruit all anti-imperialists and encourage them to start standing up for themselves and others. We’re not alone in this war.

MIM(Prisons) adds:
Stories like this one are a big impetus behind the grievance campaign that MIM(Prisons) and United Struggle from Within(USW) have initiated in prisons across the U.$. We are fighting to get grievances, like the ones this comrades has filed, handled fairly. Write to us for a copy of the petition.

This prison is a 100% white employed prison. As you can imagine, there is a great number of racially motivated incidents that occur here. Earlier this year in May, several correctional officers beat a Black prisoner and broke both his arms and gave him brain damage. In response to this beating, many Black prisoners (who were not on max security) responded by attacking several COs and beating them. The local media reported this incident as “inmates rioting against COs and sending 8 of them to the hospital.” However, the media failed to report that the beatings of the COs were in response to the lynch mob type beating of a Black prisoner.

The head pig in charge of this beating is named Sgt. Bennett. He single-handedly carried out many beatings of Black prisoners and his only form of discipline for beating the prisoner in this incident was being stripped of his title as a Sergeant and demoted to a Corporal and being placed on third shift. Meanwhile the prisoners involved in the beating of the COs all face additional time added to their sentences and placement on max security for years on end. The pigs who nearly killed a Black man are still employed here at this prison.

I have been incarcerated over 9.5 years and 8.5 years of that have been spent on max security segregation and this is one of the only incidents that I’ve ever seen in prison in my time where prisoners came together for a common purpose against the prison officials. What amazes me is that the very human desire to fight oppression has seemed to die within the prisons of Tennessee. I have read several accounts of how prisoners in other states have stood up for a common purpose against oppression, yet the prisoners in Tennessee lack the desire to fight oppression. They all complain verbally but if someone such as myself files a grievance on behalf of us all and tries to pass it around for all to sign showing support, 98% of them will refuse to sign because they fear some form of retaliation when the truth is, nothing else can be done to them that hasn’t already been done. These pale faced pigs have stolen the very essence of our people which has made us great and allowed us to survive… a will to fight.

MIM(Prisons) responds: While we agree that the race of prison guards underscores the racism of the criminal injustice system, we’re under no illusions that having Black and Latino guards would change the system. The problem is the system, and the guards are just serving that system. Some may be more brutal than others, but they are all pigs in the eyes of the people.