Under Lock & Key

In this response to the Missouri petition, the Deputy Warden of Potosi Correctional Center (PCC) “argues” that staff at PCC do not violate the First Amendment rights of prisoners held there. When it’s a pig’s word against a prisoner’s, the trend in Amerikan society is to trust their own.

While this administrator likely considers this case to be closed, we instead view his correspondence as another example that there are no rights, only power struggles. To build public opinion in favor of national liberation struggles, we draw out, collect, and expose these flaws in the “justice” system. We also try to push people to change their minds against reformism as an ultimate goal, and to respond to these examples with actions to build a new society. Put in work!

In Under Lock & Key issue 13, we published an article announcing a campaign about the improper handling of grievances by prison staff. Below is an update from the California comrade who originally turned us on to the campaign.

I initially mailed out my own petition to the CDCR Director Level back in Nov./Dec. of ’09 as part of the first wave of petitions. This was done under the auspice of its originator. However some time after the first wave went out, the persyn who devised this plan was subsequently taken to the hole. It was rumored that it was exactly because of this persyn’s legal maneuvering that he was sent to the hole. Anyway, back in January ’10 I received a response. As it turns out, these petitions were never investigated or even looked into as we requested. The Appeals Coordinator at the Director Level simply re-routed my petition back to the Warden’s office here at this institution, at which time the warden here implied that the appeals which I had pending were screened back to me because I basically failed to comply with inmate appeal regulations. This is of course total bullshit! The “W.” pretty much just issued me a de facto “695 Screen Out Form” without ever really looking into the matter, thereby sweeping the matter back under the rug.

I then decided that someone needed to step up to the plate and pick up where this petition’s originator left off. I began by tracking down as many people as I could find who’d participate in the legal action. I tracked down about eighteen people, of which only three others besides myself received responses. As it turned out, we all got the same document with seemingly no other action taken.

I then proceeded to make as many copies of the original petition as I could obtain. I was only able to make 20. Of these 20 I only had twelve more people agree to mail the petitions out. As of today nobody’s received any responses.

I contacted the Ca. Prison Law Office, useless. The Ombudsman, useless, no response, and a few other organizations claiming to offer inmates assistance (Critical Resistance? critically useless). I didn’t bother with Internal Affairs or the Inspector General as they are both connected to CDCR and seemingly cover their asses. The DOJ is a different story. However, they will only take action if it can be proven that civil rights abuses are taking place en masse. Since only four of us received responses, the DOJ will not take action.

So it hasn’t turned out as we hoped [with an investigation into the failed CDCR grievance system]. I suppose it wasn’t a total failure, though, as we have proved yet again that the inmate appeals procedure in the Ca. Dept. of Corruption is nothing but an obstacle placed in front of prisoners’ path to the U.$. judicial system.

MIM(Prisons) adds: This comrade’s initiative to pick up a worthwhile project, after state repression stopped the original leader, is commendable. Others who have this kind of initiative should be working with the United Struggle from Within, the MIM(Prisons)-led anti-imperialist prisoner organization. Comrades have been working diligently to expand the scope of the campaign and we now have petitions prepared for CA, MO, OK and TX. If you are filing grievances about any issue and they aren’t being handled properly by staff, consider becoming a part of this campaign and spread it to your people inside.

This comrade’s analysis of the success of the campaign is completely accurate. We can hope for an investigation into the corrupt grievance system, but if it doesn’t happen, then we have instead successfully exposed yet another flaw in the Amerikkkan “justice” system. It is important to not give up even if we feel like nothing will happen because these exposures are agitational points that we can rally people around. Also, like this comrade pointed out, if we send in enough petitions to the DOJ s/he believes that they may respond. So continue to send in your grievance petitions and get with MIM(Prisons) to get involved!

The above memorandum is a response to a petition for the correct handling of grievances signed by dozens of prisoners held in the Kern Valley State Prison KVSP) Administrative Segregation Unit. In it the Appeals Coordinator does the job s/he was hired to do: ignores the complaints of the prisoners, baselessly denies any accusations of illegal activity, and employs the bureaucratic runaround tactic (in this case advising the prisoners to seek redress within the same system they are complaining about).

Shortly after receiving this memo, the USW leader of this campaign in KVSP did follow the advice given and filed a group appeal on a 602 form. To our knowledge, he has not yet received a response for this group appeal.

Regarding a complaint about the failed grievance system, we do not expect the Appeals Coordinator to admit guilt. But it can be valuable to go through their steps to seek remedy to create a clear example that their system does not work. The CDCR Office of Internal Affairs “concluded the issues can more likely be managed at the institution” rather than the state level. What? Obviously it can’t; that’s what the whole petition is about. And the Appeals Coordinator says to file a 602 regarding the corrupt 602 system.

For those trying to find a strategy to combat the injustices of the prison industrial complex, we recommend working in the Maoist framework toward a world without oppression. You can do this by contributing to MIM(Prisons), spreading the grievance campaign, or starting/joining a Maoist cell in your own area.

This is a response to the grievance petition a Texas participant sent to the TDCJ Ombudsman Coordinator. The same information was mailed as a response from the TDCJ Executive Director as well.

“If you wish to comment on the effectiveness and credibility of the grievance procedure, write a letter or send an I-60 Request form to the grievance investigator on your unit, or file a Grievance regarding that issue…

“If you have already pursued this issue through utilization of Step 1 and Step 2 of the Offender Grievance Procedure; no other administrative remedies are available to you on this issue at this time and you may pursue the matter in any manner you choose outside the Agency.”

Basically, the TDCJ administrators claim no responsibility for a grievance procedure that is completely broken. These letters show that they will not grant us what is just without a power struggle. We push forward the campaign for the proper handling of grievances as a means of bringing these lines in the sand into plain view.

History shows that the most effective way to end all oppression – including the oppression of mishandled grievances, and beatings endured because of filing grievances against staff – is to work toward building a communist society. History also shows that the best way to do this is by organizing ourselves into revolutionary factions and building public opinion for national liberation struggles.

Above is a response from the Prison Law Office (PLO) to the petition for proper handling of grievances in California. Without addressing the systemic reasons for oppression, the PLO’s efforts to fight against parole denials and revocations is futile on the group, and especially international, level.

The PLO “represent[s ] all California prisoners who have ‘a major mental illness’ under the class action lawsuit known as the Coleman case.” In effect, Coleman v. Schwarzenegger led to the conclusion that “severe” overcrowding of prisons is the reason why most prisoners have no access to mental health care, and nominal efforts are being made to reduce the prison population. However, we know that imperialism, capitalism and national oppression are why mental health resources are inadequate within CDCR, and why prisons in Amerika lead to mental health issues in the first place. Prisons in China under Mao led to greater social awareness and responsibility, not mental illness.(1)

We challenge single-issue organizations to broaden their perspective. Parole assistance may lead to “freedom” for hundreds or even a few thousand individuals. But if we are organizing as internationalists, we can affect more people in a more profound way, and for a longer period of time. We do this by building communism. The least the PLO can do is recognize the importance of the grievance campaign and join it.

The U.S. Department of Justice (DOJ) responds here to a comrade’s petition for the proper handling of grievances in California. This governmental body may be helpful in pushing our campaign forward if they receive several petitions from different participants, enough to “determine whether a pattern or practice investigation is warranted.” Participants in the grievance campaign should mail copies of their signed petitions to each party listed on the campaigns page so that we are maximizing the effects of each signature.

When we succeed with a campaign under imperialism, we are making more room for revolutionary organizing. When prison administrators, courts, and the DOJ obstruct or are non-cooperative in achieving our campaign goals, we have still drawn attention to an unresolvable problem with the status quo, as well as brought more people into the struggle against oppression. Whether the DOJ becomes involved in this battle or not, it is still important to spread the campaign as much as we can under this unjust system.

I have sent MIM(Prisons) a letter of grievance for use by CDCR prisoners. Its purpose is to petition the Director of Corrections to investigate the purposeful failure of the 602 procedure [California Department of Corrections and Rehabilitation grievance process] within California State Prison - Los Angeles County. This is something somebody put together for the general population here on C-yard. It is our intention to flood the Director’s office with these petitions in hopes that it will shed some light onto the illegal acts in which these pigs are willing participants. We are being forced to file these petitions due to the unfortunate fact that the vast majority of our 602s are not being filed or properly heard.

The idea is to distribute this petition to all CDCR facilities and to have as many people sign and mail the petition to the Director’s office as possible. Once all parties receive their responses concerning the petition, all responses along with contradictory paperwork should be sent to the Prison Law Office (which is specific to CA), the Office of Internal Affairs, etc. Our goal is to expose CDCR, its administration, and facilities as tools of repression and the lengths that they will go to to cover their crimes.

If correctly done, this action can be one in which quite possibly hundreds or thousands of prisoners will have the opportunity to make their voices heard and their wrongs known. It will be very hard for the Civil Rights Division of the Dept. of Justice and other agencies to ignore us. At worst, if we still fail, then we will at least have further proven that this “justice” system is not for us but against us.

My hope in sending this to MIM(Prisons)’s legal aid clinic is that you will redistribute this petition to those working with MIM and explain the concept to our comrades struggling from within so that we may all work together as one in a concerted effort to expose and hopefully create favorable conditions for the masses concerned in whatever they may be struggling for. I think that what I’m proposing here with the coordinated form of “legal attack” is of course a good use of MIM’s legal aid clinic time and it would benefit all prisoners, not just in California.

In order for the rest of the prisoner population held in different prisons to correctly use this petition, they will of course need to change the name of the facility to that of their own. They will also have to look up their own “Departmental Operational Manual” citations in order to be in compliance. Someone will also have to take the lead for everyone in their facility, individual yard, etc.

MIM(Prisons) Adds: We see this campaign as a great use of our resources because our ability to fairly have our grievances handled is directly related to preventing arbitrary repression for people who stand up for their rights or attempt to do something positive. Spreading revolutionary literature, including Under Lock & Key, is a huge part of MIM(Prisons)’s organizing work. We support this petition in light of our anti-censorship work and anti-repression work in general.

We have sent this campaign to our United Struggle from Within and Prison Legal Clinic comrades in California, but this is an issue that should be spread to wherever it is relevant. Prisoners outside of California facing similar problems may be able to re-write the petition using their state’s citation and policy numbers. [Ed.- A comrade in Texas has already translated the petition for use in the TDCJ system.] You will also need to research which administrators the petition should be sent to in your state. Write to us if you want to work on this campaign in California or elsewhere!

This is a response from Warden B. M. Cash at California State Prison, Los Angeles County to a participant in the campaign for proper handling of grievances. In this response, Warden Cash avoids addressing our comrade’s petition, effectively supporting the illegal activity of his staff.

The Warden received this petition from several prisoners, not just one, and s/he still doesn’t see a need to conduct h own investigation. This is just one example of the lack of redress afforded prisoners within the imperialists’ bureaucratic runaround. It is proof of our need for a new society; one where writing a letter to an administrator in charge of dozens of employees who are actively perpetuating your oppression leads to at least an investigation!

The sanitary conditions in the dining halls, bakery, freezer, dish room, stock room, serving line and other areas within Polk Correctional’s kitchen are appalling. Prisoners voice their concerns to an unresponsive administration and continue to suffer from their lack of concern for the health of the inmate population.

A rat infestation is only the first and most prevalent of a long list of problems stemming from an environment where amateurism and incompetence prevail. This can be seen when a prisoner finds a rodent, or evidence of one, in the food and his overseer - in one particular case a Mr. Covington - told him “what the hell do you want me to do about it?” We merely wish for you, or apparently someone else with high qualification for the position, to do their job. Prisoners will no longer tolerate an administration which, in a bout of penny-pinching due to a cash-starved Department of Corrections, sweeps their problems under a rug. We will no longer accept this as a fact of prison life.

Gone are the days when a prisoner grievance form was the only effective means to make the necessary changes occur. (Which was more often than not a hit or miss process for justice in these matters, and that was if the paperwork did not eventually become “misplaced” or “fall through the cracks” as one Sargent commented on an unrelated matter involving paperwork.)

We have by passed the ineffective administration on the Polk compound and wish to raise awareness, not only to the Division of Prisons, but the Prison Ministries of the Rural People’s Party and Maoist Internationalist Movement respectively and the daily newspaper, The News & Observer, that the health/sanitary conditions are only dealt with when the top officials of the state prison system converge on Polk (as was done several weeks ago) or when State Health Inspectors notify prison authorities of an upcoming visit (as was seen on May 28th when guards could be seen running scared with mops and buckets of paint).

We do not wish for cleanliness only on state visits, but as a permanent fact. Officers Covington, Miller, Evans, Gardner, Frazier and Hawkins (to name a few) have been fully aware of this inconvenient reality for quite some time (several have been employed for a decade or more) and have perfected the art of polishing off an apple which is rotten from within.

Polk Correctional, and doubtless the majority of the 73 correctional institutions in the state, need an administrative overhaul to replace officials who are all too familiar on how to cut corners and achieve only the minimum. United Lumpenproletarians from Within (ULW) demands a long-overdue shake-up of the top prison administration at Polk Correctional and other facilities in order to replace incompetent officials with competent and qualified ones. We do not want their overseers to just slap them on the hand which triggers a 2 week “cleanliness is godliness” program and the dismissal of several “trouble-making elements” within the prison kitchen service in retaliation for their higher-ups actually making state employees do their jobs.

As I have stated earlier, the rodent, insect (cockroaches, ants) and severe mold and mildew (asbestos) issues are just one of many problems that prisoners must deal with. As you read other prisoner’s testimonies, several have revealed their concern not only of the multiple infestations, unjustified disrespectful conduct by our handlers, but also of a severe shortage in shoes and clothing.

Prisoners are facing sanitary concerns on two fronts. I will elaborate further upon request, but at this time I will post this out in the hopes that the most prevalent of our concerns (physical evidence enclosed) will be brought to light and properly addressed.

This letter came with 10 testimonials from other prisoners at Polk. Below are 3 of those statements

I work at a State Correctional Facility and have seen rats in the storage room, have seen fruit flies on old bananas. I’ve seen floors mopped with cold water only to keep from stripping the wax. I’ve seen spills left for days in segregation units. Ants are slowly taking over some of the building. Prisoners ask if they can clean their rooms and the Sargents or unit managers say no. The stairwells are filthy, and there are so many dust bunnies, you could make blankets out of them. Management wonders why some of the staff doesn’t want to work.

I am writing this complaint because of the lack of the kitchen’s effort to keep the kitchen a clean and sanitary place to prepare and serve food fro the prisoners at Polk Correctional Institution. On a number of occasions I have seen mice running free about the kitchen. I have seen them in the area where the food is stored, prepared, cooked and on the line where the prisoners were served. In one occasion I even saw mice droppings in the breakfast meat that was being stored in the cooler at the time. I have seen holes that have been bitten into loafs of bread. I hope that whoever receives this statement will take action as soon as possible. This type of neglect is unacceptable.

I’ve been working in the kitchen for a month and a half. The kitchen is very nasty. There are always flies everywhere in the kitchen. I’ve also seen bread that has been eaten by rats, it is very disturbing. There is another problem, there are rat feces in the food and the freezers. They also expect us to wear the same clothes we use for work in the kitchen even though our clothes are always filthy after work. If someone could please help us with these problems we would all be thankful for your help.

We are asking people to write to the NC DOC to protest these conditions
NC DOC Division of Prisons
831 W. Morgan St
Raleigh, NC 27603-1659

Today I received a response to my Administrator’s Appeal (602) on the contaminated water here, from the director of California Corrections and they denied it of course, stating that the levels of arsenic in the water here are not high enough to pose a threat that’ll put our (the prisoners’) health at risk enough to grant the prisoners clean drinking water. But I say it’s bullshit!

I first found out about the high levels of arsenic in the water here at Kern Valley State Prison from the Institution TV Network. They had released a CDC memo stating that the prison’s water was contaminated with arsenic and lead levels that are over the EPA’s legal limit, and some people who drink such water may be put at risk of having cancer. [Prisoners at Kern Valley have been fighting this battle for over a year.]

[In other news]…Early this week the pigs got mad at me because I’m aiding and assisting this brother to get paid off. The pigs fucked up and put a level 4 prisoner in the cell with a level three, and the level 4 attacked the level three, so I put him up on the game of getting free money from these pigs.

They tried to play me and my cellie against each other by tearing up his personal property and belongings, then leaving my things as they were. We just laughed at the shit though! We see what they were doing from a mile away, and the struggle goes on. They can’t stop our forward motion or development.

MIM(Prisons) adds: Once again, state employees are trying to promote violence in state prisons and comrades of MIM(Prisons) are avoiding conflict, while struggling for justice. The CDCR claims to censor MIM(Prisons) because we are a threat to security. If prisoners can no longer be manipulated by staff into fighting each other then the security of the institution is at risk according to the CDCR logic.