Under Lock & Key

It made me smile to see that Under Lock & Key No. 38 had an article on my civil case. The name of the case is Stanley Earl Corbett, Jr., et al v. G.J. Branker et al., case # 5:13-ct-03201-BO. I filed this case pro se back in 2010. For two years I fought the case by myself, and it took me two years to get the judge to appoint me a civil attorney (NCPLS). Upon them being appointed to my case they asked me to let them use my case to add 7 other prisoners who’d been beaten in similar situations to what happened to me. I told them to add them without any hesitation, then I signed a consent form.

My point in speaking about this is because I could of said “f*** these prisoners,” and went to trial, or settled out of court, but I didn’t. Why? Because I represent the struggle, and I’m all for a major change in a positive way. So to all these selfish “inmates” (not prisoners) that are only concerned with themselves – We aren’t nothing alike! I do this for real, and I’m still taking bumps and bruises because I’ve been receiving numerous forms of retaliation from these pigs for pursuing my rights. But I’ma ride or die for the cause/struggle. I truly appreciate ya’ll exposing this injustice.

MIM(Prisons) responds: Another comrade involved in this case has been keeping us abreast of the consistent progress of this lawsuit. And while the outcome is a limited reform, this letter reinforces the greater significance of this work. By working in the context of class struggle we continue to build something bigger than ourselves as individuals. We’re glad this comrade found ULK and has pledged to become a contributor to our work. We’re also glad to hear that he received Under Lock & Key No. 38, since every issue for over three years has been put on the statewide ban list in North Carolina. Perhaps comrades’ efforts on that front are paying off as well. Despite the repression, comrades in North Carolina are working together to stop abuse.

On Monday, 19 May 2014, 7 prisoners at Polk Correctional on the H-Con Unit began a hunger strike due to inhumane conditions, and finally some getting fed up with the mistreatment. It is day 4 and 8 comrades refused their breakfast this morning. Some of the demands are:

1. need brooms to sweep cells
   
2. need nail clippers to exercise proper hygiene
   
3. need outside recreation
   
4. need new trays, ones now are cracked, split, peeling causing us to find plastic in our food
   
5. staff need to wear hair nets/change gloves for food preparation and serving
   
6. need headphones sold separately in canteen so we don’t have to buy a whole new radio
   
7. stop taking mattress and religious property as punishment for up to 3 days
   
8. special housing cells need to be cleaned daily - currently have blood, bodily fluids in them and comrades are placed in them naked on suicide watch, only given 4 sheets of toilet paper, no hygiene, forced to eat with dirty hands
   
9. need a law library
   
10. stop use of nutraloaf as punishment
    
11. stop keeping us on H-Con 18-24 months before letting us off even without getting write ups
    
12. stop using restraints as punishment
    

These are just some of the most important of 33 demands. I am asking other comrades to join in support and fast or to write to:

Frank L. Perry, Secretary
Division of Prisons
4201 Mail Service Center
Raleigh, NC 27699-4201

and,

U.S. Dept. of Justice, Civil Rights Division
Special Litigation Section
950 Pennsylvania Avenue NW
Washington DC 20530

or other forms of protest that do not cause you to receive an infraction. Also, pump them fists as we got a victory in the Central Prison Unit 1 case. They have to use a hand-held camera during all use of force, specifically after the use of force or during/until you are put back in your cell and no longer in contact with corrections staff. So hear it, can I get a hell yeah from all my comrades!

In Tabor City Corrections, another “razor wire plantation” of North Carolina, the prisoners are treated unjustly and unfair. They are subjected to illegal treatment, such as racism, inadequate medical treatment, injustices, cruel and unusual punishments, etc. We write grievances, but sometimes they mysteriously disappear, or the grievances are answered by lies and fabrication from the facility personnel (staff). Those who are in Raleigh (capital of NC) who are in “high positions,” overlook our letters and grievances or condone those egregious activities.

Only a few of us who are in the Red/Grey, “SHU” blocks stand against these acts, but the majority are scared. These pigs imposed so much fear that a prisoner is even scared to voice his opinions. What’s so “ass-backwards” is that these prisoners rather oppress the same men who’s struggling with them and degrade and belittle them instead of degrading or belittling these pigs. Unity is a word that is non-existent and everyone is mostly for self. This shows that the system of imperialism is effective in Tabor City and the disease that these pigs transmit (i.e. racism, injustice, etc) to these prisoners are effective as well, because the prisoner’s body easily contracted these diseases and it’s destroying them quick.

No matter what, the New Afrikan Brotherhood Organization (NABO) is continuing to struggle forward and fight for the brothers on lock, no matter what the consequences are. We’re tired of being treated like slaves and we will see that change occurs. Their system will slowly but surely be eradicated because brothers of the NABO have filed a 1983 class action civil lawsuit against these pigs and the Department of Corrections for violating our rights. The struggle continues and justice will be served.

MIM(Prisons) responds: The New Afrikan Brotherhood Organization in North Carolina is not alone. There are many small groups and individuals who are struggling against the blatant political repression there. In a state where every issue of Under Lock & Key has been put on the statewide ban list for over 3 years, it is not surprising for comrades to feel lonely. And given all the repression some are feeling desparate. One comrade in North Carolina reported on the new step program that the superintendent says is to “protect inmates and staff and maintain a peaceful living environment.” The comrade replies: “However, assaults have doubled and the men are becoming more and more bitter. Many of us, myself included, want to resolve the matter peacefully.”

As we’ve been saying for years, the state’s attempts at peace and security are complete failures, and MIM(Prisons) has an alternative approach that is promoted in every issue of Under Lock & Key but censored by North Carolina for “promoting violence” and “illegal activities” (which activities they do not specify).

NABO has the correct attitude and approach. This is a protracted struggle and we must be strategic as conditions evolve. The ban on ULK in North Carolina came after a surge in subscribers and activity in that state. And while we have a hard time getting material to these comrades, their numbers and activity have remained high throughout the years. Comrades are working on building a lawsuit to fight the illegal censorship in North Carolina and others have already achieved reform victories in their struggle against guard brutality in the courts. We are confident that comrades in North Carolina prisons will continue to contribute to victories in the years to come.

On 27 March 2014, a Federal judge in the United States District Court issued an order requiring prison staff to record any use of force, should force be required on a prisoner.

Some other prisoners and I filed a lawsuit because the pigs at Central Prison in Raleigh used blind spots in the current video system to hide from surveillance so they could beat prisoners. We also informed the courts of the “lack of policy for proper method of investigation in any use-of-force incidents.”

As a result, Judge Terrance Boyle appointed an expert (former corrections administrator Eldon Vail) to review the prison’s surveillance system. Based on several problems he found, he made five recommendations.

North Carolina Department of Public Safety (NCDPS) prisons adopted four of the recommendations but said using a hand-held video camera is not feasible and placed “undue burden upon Central Prison.” However, on Thursday, 27 March 2014 Judge Boyle ordered the fifth recommendation be adopted. His order stated “…defendants are placed on notice that if there is not voluntary compliance and implementation of the recommendation, a preliminary injunction will ensue.”

The pigs deny any abuse, saying they used minimal amounts of force required to deal with prisoners characterized as the “worst of the worst” among the prison system’s population.

Still the state agreed last year to install more security cameras to cover previously unmonitored areas. But Vail’s report said the new cameras still don’t monitor all the blind spots where prisoners say the abuse occurs. Vail also reported finding lenses so out-of-focus and smudged with grime that it was difficult to make out what the camera was recording.

The recommendations made by Vail that must be followed are:

1. Adjust each camera that demonstrates a pattern of “freezing” to improve motion detection sensitivity.
   
2. Establish a written preventive maintenance schedule for lens cleaning, camera refocusing and replacement of faulty cameras.
   
3. Install additional cameras to view the sally ports of each cell block in Unit 1.
   
4. Modify the video surveillance retention policy and procedure to clarify the responsibility to provide notice to the video retention officer to preserve a video by the unit supervisor from the investigator’s responsibility to request a copy of the video for the investigation.
   
5. Change the use of force policy, SOP 4.100, to require that a handheld video camera operator respond to the scene of spontaneous use-of-force incidents and that a camera remain on until the event is over and [prisoner] has been safely placed in a cell.

This fifth recommendation means that during an anticipated use-of-force (any use-of-force) a hand-held camera will be used until a prisoner is no longer in contact with the pigs.

We are now getting ready for a pretrial conference. But we are one step closer to getting justice. We have at least made the prison safer. Now the pigs will not have anywhere to hide.

MIM(Prisons) adds: This update to the ongoing legal battle in North Carolina is good news for this carefully planned and hard fought legal battle. We know that often we cannot win when fighting abuse by employees of the criminal injustice system in their own courts. But sometimes the courts have to pretend objectivity and, when presented with facts that show the NCDPS is violating their own laws and policies, we can win some improvements to conditions. While the courts won’t be where we make revolutionary change, for now we can use them as one tool to struggle against abuse. We must always accompany these court battles with publicity and education about the case, using them to expose both the brutality we are fighting and the injustice when the courts rule against us.

Lanesboro Correctional Institution, in Anson County, North Carolina, has just enacted a gang program, which is nothing shy of draconian. Even for a state that is draconian to begin with.

It started when these pigs separated all of the inmates who were not listed as “STG” from the inmates who were considered part of the “Security Threat Group.” Federal law allows violation of prisoners’ Constitutional rights during times of emergency, when there is a “threat to the security of the institution.” By naming inmates a “security threat,” they are basically saying that these inmates have no Constitutional rights. They are being forced to shower in chains, handcuffs and shackles, and are pretty much being denied any and all rights.

The gang program is locked down 23 hours a day, and requires going 6 months infraction free to step down a single step. There are 3 steps in all, and a class of “STG associate” after that. This could force prisoners to go infraction free for 2 full years to get out of the program. Along with this program came a whole new set of rules which makes it nearly impossible to go infraction free without favoritism from the police. Of course, the only way you get that is by snitching, which in such an environment would get a prisoner killed. Being listed as an associate could be justified by something as small as an officer’s claim that you said something gang-related, or even my writing this article.

In response to this new policy, prisoners on 3 of the 8 STG blocks have declared a hunger strike. More prisoners on the STG unit are doing the same, in an attempt to break down this program in its infancy. The pigs are responding by cutting off their communication so they cannot be heard. I only learned of this by accident when a “Non-STG” prisoner was moved into my block to make room for more STG blocks.

This policy is being carried out in many states as we speak. Gang members are still human beings, and therefore entitled to the same protections as everyone else. Prisoners need to stand together everywhere and shut this down before it goes into full effect.

On 14 February 2014, I won a very small victory in my struggle against the oppression of political beliefs in the North Carolina Department of Adult Corrections.

On 10 February 2014, I received two notices from the mail room, indicating that both the November/December (#35) and the January/February (#36) issues of Under Lock & Key were being rejected. The reasons given were that these publications supported “disobedience and insurrection.”

Due to the fact that ULK #35 was already on the banned publication list, I was not permitted to appeal this rejection, however, I was permitted to appeal the ULK #36 because it had not yet made the master list held by NCDAC.

I brought up a constitutional argument about how prisons cannot maintain a list of banned materials, my right to my political beliefs, and the fact that a prison can not ban a publication just because it does not approve of the organization it comes from. This was decided in a court case called Williams v. Brimeyer, 116 F. 3d 351, 354 (8th circuit 1997). I also argued that ULK does not promote insurrection and disorder, yet uses prison issues to promote peaceful change to both prisons and the outside world through education and the study of politics.

Surprisingly, when mail came today, issue 36 of ULK had been returned to me. Sometimes you just have to stand up for what you believe in and not give up. For anybody who faces the rejection of the ULK newsletter, I would like to make known, that ULK does not contain a significant security risk to prisons, and therefore is constitutionally protected. If your newsletter has been rejected, I strongly recommend that you fight for it on this basis. Do not allow anyone to silence the struggle.

We are now in discovery since the judge refused to throw out the prisoner beatings lawsuit. This case is getting some press, and the Herald Sun reported: “The judge made a not so veiled reference to the practice of punishing inmates by locking them up in dim solitary units.” The judge said “your case is about sunlight where you claim there were systematic violations” to the lawyers for the prisoners. “What we need to do with this lawsuit is not bury it in a deep, dark hole and proceed with discovery.”(1)

So one damn thing for sure we got a judge on our side. The same way they have taken from us (a little at a time) we all can do the same to them. It’s just a matter of team work.

MIM(Prisons) adds: This is a good example of a winnable court battle that will result in some improvements in safety for prisoners. But it will not stop the inhumane abuse that continues throughout prisons in North Carolina. This is an ongoing contradiction of our fight against the criminal injustice system at this stage: we take on reformist battles to try to improve the conditions under which our comrades suffer, but we know that these reforms offer no more than minor adjustments to a system that is based on the oppression and suffering of those locked within.

It is ironic that the prisoners in North Carolina have to go to court to fight for their own safety within prison, while the state’s justification for every repressive act is “safety” (including North Carolina’s excuse for censoring Under Lock & Key for over three years straight). This exposes the reality of the criminal injustice system: a brutal tool of social control that endangers the safety of all who are captured in its broad nets. We need to take advantage of reform battles like this one, both to gain some breathing room for our comrades and to educate others and build unity. We can’t end the abuse until we eliminate the criminal injustice system, but these reformist battles are important steps along the way in our ultimate fight against imperialism as a whole.

Two recent stories in Durham, North Carolina show a clear pattern of law enforcement and the judicial system overstepping its boundaries. On 15 December 2013, officer Markeith Council, a Wake County Jailer, was found guilty of “involuntary manslaughter,” after he slammed a prisoner on his head, not once, but twice.(1) The evidence showed that the prisoner, who was unarmed, and weighed less than half that of the 290 lb Council, was unconscious after initially hitting the concrete floor. The autopsy showed a severe laceration to the prisoner’s skull, and several crushed vertebrae in his neck. This prisoner was incarcerated for an open container, drug paraphernalia, and a failure to appear, crimes that apparently now carry a death sentence.

The officer was only sentenced to a term of 90 days, and will spend all of his time in protective custody, no doubt receiving special privileges from former co-workers.

In the second story, a Durham teen, Jesus “Chuy” Huerta, was shot to death while his hands were cuffed behind his back in the back of a police car, in police custody. The teen was shot in the head, after being searched by the officers, and not found to be carrying a weapon.

Here’s the kicker: the police investigation determined that the teen shot himself in the side of the head while handcuffed in the back of the car. The reports were only released after protests.

During a candlelight vigil for Huerta, police in riot gear fired canisters of tear gas at mourners, and forced them to disperse.

In “Common Sense,” Thomas Pain wrote: “Common sense should tell us that the powers which have endeavored to subdue us, are of all others, the most improper to defend us.” The bourgeoisie cannot be reformed. Voting in new oppressors won’t change things. The system is broken, it cannot be fixed. The oppressors, through reform, will only withdraw, make empty promises, and come back harder to crush the oppressed. Those afraid to endanger themselves don’t realize that they are already in danger. We are in danger from a group that will stop at nothing to maintain a stranglehold on us.

Lanesboro Correctional Institution, in Anson County, North Carolina, has been locked down since a single prisoner, acting alone, cut an officer on 15 November 2013. The prisoner, to my understanding, isn’t even at this camp anymore. For weeks prisoners were forced to shower in full restraints (handcuffs, shackles, black box, waist chains, locks), and the lock-down is still 24 hours a day. Prisoners are only allowed to leave their cells to shower, or to go to work. There is no recreation, and food trays are served in the cells. All other activities have been halted until further notice. There is no foreseeable end to this “institutional lockdown,” and staff are still claiming “security reasons,” even though there hasn’t been another incident since 19 November 2013. Until prisoners learn to stand together, this is the way things will remain.

[UPDATE: A prisoner corrected the above report, changing November 19 to November 15. S/he reports they went to shower in handcuffs and the water was unusually cold, but they were not under full restraints, lock box, chains etc. As of 19 February 2014 they are still on modified lockdown, where they are allowed out of their cell 2 hours a day, 24 people at a time.]

MIM(Prisons) adds: This author is right that the incidents of violence on the streets and in the prisons are all related, and all part of a larger system of oppression that perpetuates the system of imperialism. This is a system that relies on the subjugation of some nations by others, both globally and within U.$. borders. The white nation has the power, and the oppressed nations in the United $tates are disproportionately locked behind bars, and victims of police brutality and murder. Even with a Black figurehead (Obama), the white nation still has the power and control. Statistics tell the story of the very few New Afrikans and Latin@s in positions of power (lackeys and figureheads) while these nations suffer the highest percentage of incidents of police brutality and imprisonment, far higher than their representation in this country overall.

And so we agree with this comrade that reforms will not fundamentally change the system of imperialist oppression. But still we must fight for those rights that will better enable us to educate and organize, while building towards the long term goal of revolution to overthrow the imperialist system.

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

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

Secretary, Division of Prisons
4201 Mail Service Center
Raleigh, NC 27699-4201

Director of Prisons
831 West Morgan Street
Raleigh, NC 27626

ACLU of NC
PO Box 28004
Raleigh, NC 27611

U.S. Department of Justice - Civil Rights Division
Special Litigation Section
950 Pennsylvania Ave, NW, PHB
Washington DC 20530

Office of Inspector General
HOTLINE
PO Box 9778
Arlington, VA 22219

Jennie Lancaster, Deputy Secretary of DOC
4201 Mail Service Center
Raleigh, NC 27699-4201

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

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

PDF updated May 2012, July 2012, January 2013, and October 2013

On August 2nd my old cellmate had only been here 5 days and within those 5 days the pigs were really messing with him. Then on the 2nd they told him they were moving him, just to move an inmate across the hall into his cell. They were going to move him to the end of the hall in a sally port with a prisoner who had feces smeared on his cell wall and old food in his cell. Before the move he asked to see the Sgt/Lt, but was told no, pack up or they would pack his stuff.

After moving he and I were at recreation call and we, along with one other prisoner, refused to lock up until the Lt/Captain came down. When she came I locked up. As she approached his sally port she asked what the smell was. He explained. They got the prisoner out of his cell and janitors bleached and removed all the items from the cell, and after the weekend on 8/5 he was moved to another cell.

Had we not stood our ground that prisoner’s cell would still be covered in feces. The pigs knew this and were doing nothing. All of the H-Con staff here at Polk Incorrectional institution just didn’t care, and went even further to harass a prisoner who they thought they could take advantage of due to his health (he just had surgery on his foot to reattach bones and replace a steel rod after PERT team pigs shattered it during an assault using excessive use of force a few months back). We need more times of unity like this in North Carolina prisons.

MIM(Prisons) adds: This is a small example of prisoners uniting for common cause. And this is a good start to building the broader unity that is necessary for the United Front for Peace that will build the power and strength of the anti-imperialist movement behind bars.