Under Lock & Key

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.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
HRC-FedUp! URGENT Action Alert: 6 Prisoners
Assaulted in the SMU at Camp Hill; Chemical and
electro-shock weapons used; racist violence and
repression on the rise again; take action Today
Tomorrow and Next Week.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Forward further and wider than ever because enough is enough!

On January 20, 2009 guards in the Special Management Unit (SMU) at the State Correctional [sic] Institution (SCI) in Camp Hill, Pennsylvania assaulted six prisoners, reportedly citing as reasons that these men file grievances against guard misconduct and are engaged in civil litigation against DOC officials; contact outside organizations (HRC/Fed Up! and www.prisoners.com in particular) to expose conditions of torture; also to send a message-in their words: “fuck a historical day, y’all always going to be niggers.”

Seven men inside the state’s premier torture unit have testified to the following events in reports to HRC/Fed Up!, including six men who submitted Declarations of Truth pursuant to 28 U.S.C. 1746 and subject to the penalty of perjury, adding to the hundreds of pages of prisoner reports, additional Declarations, institutional paperwork, and civil litigation documents sent to our offices from the SMU at Camp Hill alone since only June of 2008. The incidents have been verified in a personal interview with Mr. Damont Hagan, who has since been transferred (as we’ve been demanding for 5 months). Superintendent’s Assistant Robert Volciak further verified that four or five men were subjected to forcible cell extractions on the 20th in a telephone conversation of January 26th. Several others around the state and the country, from Louisiana to California, have received reports of these assaults as well and contacted our offices.

We are asking that you read the alert, become angry, and act accordingly to help protect the men in the SMU and by extension all others subjected to the normalized white supremacist torture occurring on a daily basis inside prisons in the state of Pennsylvania and throughout the U.S.

Inauguration Day

David Smith #FZ5176: On 1/20/09 C/O Liddick, C/O Zeigler, and Lt. Kuzar approached Gary Tucker’s cell upon the pretext of wanting to conduct a search, despite having conducted one on 1/15/09. When Tucker came to the door, Liddick said, “Since this guy likes filing grievances, let’s make an example out of him.” Tucker refused to leave his cell after Kuzar denied his request to have a Captain or Unit Manager present. Willie Robinson then refused to leave his cell out of fear for his safety. David Smith then consented to a cell search, and was promptly assaulted by the above named staff and thrown in another cell, separated from his property. Mr. Smith reportedly suffered undisclosed injuries.

Gary Tucker #FG8520: In his own words: “A little later that morning a cell extraction team came to my cell. I was then told to come to the door and cuff up. When I walked to the door a guard opened the slot and sprayed me in the face with a whole lot of OC mace. I backed away from the door blinded; seconds later more mace was sprayed inside the cell, trapping my lungs up, that’s when about 7 guards (including Lt. Kuzar, C/O Brant) charged into the cell slamming me to the bed with electric shields [that discharge 50,000 volts of electricity]. These electric shields were pressed against my body and held there for several minutes while the 6 guards took turns beating, kicking, and shocking me with hand held stun guns. After cuffing me they continued beating me down and shocking me. The guard holding the camera maneuvered the camera so that the beating couldn’t be caught on it. From D-12 I was dragged out the cell and hoisted into the medical cell. There the beating continued (shocking, choking, and punching) and a male nurse squirted a liquid in my eyes that didn’t seem to help at all. Next I was airlifted up a flight of stairs (after protests from several inmates about my medical condition [which requires me to be] bottom tier status. I was taken into D2-20, slammed face first to the metal bed frame and the 6 or 7 guards continued jumping and shocking me with stun guns. After several minutes of this I was stripped naked, dragged to the floor and pulled up to the tray slot and the cuffs were taken off after they tried to break my wrists. I requested to see medical but was denied the request so my injuries weren’t [recorded]. The injuries suffered were as follows: face swollen both sides; wrists with deep cuts from the cuffs; stiff neck (I can barely move my neck); severe pain in my lower back which makes it hard for me to move; my right arm dislocated; badly swollen right ankle that I can’t put pressure on and a bloody mouth. Several inmates witnessed this assault and the Lt. Kuzar kept yelling,”Stop resisting” which was merely a means to justify their actions in assaulting me. Truth was I never resisted; I couldn’t resist at all.”

Damont Hagan #DS9488: In his own words: “I was approached by C/O Brant who threatened me, informing me that I had to come out for a search, stating ‘the camera can be manipulated Hagan, remember that.’ He also called me a ‘nigger.’ . . . After a while, I told Unit Manager Chris Chambers [about the threats] . . ., and informed him that ‘I fear for my life.’ He retorted,”Hagan, I’m tired of this complaining to HRC and www.prisoners.com and preliminary injunctions. Y’all did this to y’all selves, now y’all scared. You’re coming out regardless, so write HRC [which he did-let’s be there for him] or have .com write the Attorney General again, who cares.’ . . . A cell extraction team came and the same SMU staff (Brant, Kuzar) were in suit. I also witnessed them abuse Gary Tucker. They told me to cuff-up and I told them I feared for my life (on camera). Sgt. Maxwell then sprayed me with OC which got in my lungs and eyes, forcing me to cuff up.” After being cuffed Hagan was taken to a cell where his clothes were cut off of him and Sgt. Maxwell whispered sexually lewd comments to Hagan regarding Lt. Flowers (a female) being present. Mr. Hagan was denied water for two days, his food was tampered with when it wasn’t denied altogether, and he was left naked in a freezing cell, which caused him to become sick. He was transferred on 1/27/09 to SCI Pittsburgh.

Ronald Jackson #CF3994: Mr. Jackson refused to exit his cell because of the threatening and assaultive behavior of the guards, and was subsequently attacked with mace and punched several times in the back and head by C/O Brant, carried to another cell where C/Os Brant, Liddick, Ziegler, Lt. Kuzar, and Sgt. Maxwell cut off his clothing and cut his dreadlocks. Mr. Jackson was left bleeding behind both ears, had numbness in both hands, and cuff markings remained on his wrists for 6 days. Mr. Jackson was left naked and without property or state issue items for six days-like all the others assaulted on this day. On January 26th he was returned to his cell, which was still contaminated with mace. C/O Huber, Jones, Sabolsky, Banks, Martz, and a Lt. stole and destroyed much of his personal and legal property. In a written response to Mr. Jackson regarding this theft, Superintendent Palakovich justified yet another unmistakable effort on the part of SMU staff to deny access to the courts under the pretext that his property was contaminated with mace and needed to be destroyed as a result. Given that several of the prisoners extracted that day have reported being returned to cells still contaminated with mace, this explanation cannot be taken seriously. Mr. Jackson’s lawsuit against the DOC will likely be sabotaged by this theft and destruction of his legal documents, which is a widespread practice throughout the PA DOC.

Willie Robinson #FX7258: After refusing to exit his cell for obvious reasons, Mr. Robinson was attacked by the same guards with mace and thrown in a cell that had dried blood on the walls and floor for 6 days without bed sheets or underclothing. Following this he was returned to his former cell, which was still contaminated with mace, including his bedding.

Jamar Perry #DQ4432: Mr. Perry was also attacked with mace and cell extracted on this day. According to Michael Edwards, in a Declaration subject to the penalty of perjury, Mr. Perry is severely mentally retarded, constantly covers his cell and his person with bodily waste-which he also ingests-and suffers from suicidal tendencies. Staff, including C/O Flynn, Sgt. Jones, and Lt. Kuzar, frequently call him names such as “retarded nigger,” and encourage him to kill himself. Mr. Perry has been constrained in a “restraint chair” on several occasions, including the first three days of February. These devices are widely recognized as implements of torture. He reportedly wants to die, and ranking officials, including Regional Deputy Secretary Shirley Moore-Smeal have witnessed his fetid condition and taken no remedial action, despite policy provisions against housing severely mentally ill and developmentally disabled inmates in the SMU.

White Supremacy and Repression

In another Declaration from Michael Edwards, Unit Manager Chris Chambers is again alleged to have threatened Mr. Edwards for his correspondence with HRC/Fed Up! Chambers and Huber and others have repeatedly threatened Damont Hagan and Gary Tucker about their involvement with HRC and www.prisoners.com, along with other efforts to expose torture and officially-sanctioned sadism inside the SMU at Camp Hill.

An all white staff in the SMU is holding hostage and waging a one-sided war against a captive, defenseless population that is “99.9% blacks and latinos,” according to Mr. Edwards.

A small sampling of racist remarks made by SMU staff, according to Declarations submitted by Michael Edwards, are as follows:

1/19/09: C/O Brant stated over the PA system, “I have a dream that one day all of you niggers will be dead,” after which he laughed, clapped his hands, and lit a smoke; 1/20/09: Lt. Kuzar stated, “He [Obama] may have won, in my eyes he’s still a nigger.” Brant and C/O Flynn started laughing at this, and Kuzar continued, “There will be no showers or yard today. We are going to show you niggers who run this SMU.”
1/20/09: When told Tucker has a medical condition and is not to be housed upstairs, Chambers replied, “I don’t give a fuck what medical says, I want that nigger upstairs now.”
1/30/09: After Chambers told Mr. Edwards he would not be receiving any law books or property in retaliation for his working with HRC/Fed Up!, Huber told the inmate, “Hey listen up nigger, I have the green light to kill your black ass,” before walking away from the cell laughing.
*2/1/09: Lt. Kuzar stated to Mr. Edwards, “Nigger do you honestly believe we are going to let you, or any of these other niggers get away with what you are doing?”

Hagan, Jackson, Tucker, Robinson, Smith, Edwards, Terry Brooks, and others in the SMU are being targeted for their refusal to be silenced and submit to a regime of white supremacist torture. These men continue to file grievances, pursue civil litigation, and write family, friends, and other allies on the outside to expose the illegal and degrading conditions they are being subjected to.

Despite being starved, gassed, electrocuted, beaten, sickened, and subjected to racist death threats on a daily basis, these men refuse to submit, they continue to resist, and they are calling on us to take action again.

This action alert is more comprehensive and far ranging in the targets it lists than the ones in November and September (provide links). We have watched the Emergency Response Network grow considerably over the last 12 months, especially during the last 4, and countless people have answered the call to defend the rights and lives of prisoners. This is why we are asking even more from our allies this time, because we trust you will continue to intensify your efforts, channeling your outrage into action and building this movement against torture and racism and for human rights.

As Michael Edwards recently wrote from the SMU: “Keep doing what you are doing, because it surely is working. Some of these guards are just walking around here banging on any and everything, and using racial slurs. This means we are winning the war.” I take this to mean that this latest outburst of hate and violence by SMU guards is a desperate reaction to growing outside pressure. They are trying to silence the men in the SMU through daily acts of terror, but it is not working. Resistance continues, and the outside pressure is growing. . . .

Action Alert Targets and Talking points

DOC Targets

DOC Secretary Jeffrey Beard-717-975-4918
2520 Lisburn Road
Camp Hill, PA 17001

Superintendent John Palakovich
SCI Camp Hill
P.O. Box 200
Camp Hill, PA 17001

Office of Professional Repsonsibility
Director James Barnacle (formerly with the FBI (i.e. u.s. political police) for 30 years-see the book Agents of Reprssion by Churchill and Vander Wall for more on the criminal nature of the FBI)
717-214-8473
2520 Lisburn Road
Camp Hill, PA 17001

1)-Report the truth of the Inauguration Day atrocity: six men were targeted for assault with chemical and electrocution weapons by guards calling them “niggers” in retaliation for these prisoners continuing to file grievances, pursue civil litigation, expose prison conditions to the public, and otherwise seek justice. Be specific, name the names of the prisoners, guards, the threats made and injuries suffered. Tell them that you are sickened by the endless reports of flagrant racism on the part of guards and the obvious approval of such by top officials in Camp Hill and the DOC. Grievances and civil suits reach Supt. Palakovich and Secretary Beard by the thousands regarding the racist attitudes and actions of staff under their command, and they refuse to take action

2)-Emphasize the role of Unit Manager Chris Chambers-demand he be fired: As our abuse logs indicate (http://www.thomasmertoncenter.org/fedup/abusereports.htm), Unit Manager Chris Chambers, who oversees the SMU, bears command responsibility for the actions of Jones, Kuzar, Sabalsky, Banks, Flynn, Brant, and the rest. We want to build his infamy and make him a liability to the PA DOC and SCI Camp Hill. If his superiors lean on him because of the heat they feel from the people, then he will lean on SMU staff to end the torture in order to protect himself. Tell Beard that you have reviewed the accumulated evidence from the 20th and the preceding months, and that Chambers needs to be held accountable for his crimes. Failure to do so will be understood as complicity in torture. Emphasize that several prisoners consistently report that Chambers has personally told them on multiple occasions that he is punishing them for filing lawsuits and contacting HRC/Fed Up! and www.prisoners.com.

3)-Transfers for Tucker, Jamar Perry, Michael Edwards, Terry Brooks, Ronald Jackson: These men need transferred immediately. When speaking of Gary Tucker tell them that his continued confinement in the SMU is a violation of DOC Policy 6.5.1 (which is top secret-forbidden to the public-and has been provided to HRC via clandestine means) which states that an inmate who does not show progress in the initial 12 to 18 months should be deemed a failure and transferred. Mr. Tucker has been in the SMU for 28 months. Furthermore, Jamar Perry suffers from severe developmental disability (i.e. reportedly mentally retarded) and needs an immediate transfer. Edwards, Brooks, and Jackson continue to face retaliation for filing grievances and lawsuits.

4)-Speak your own truths, make your own demands: If you have ideas of who to contact (press, lawyers, the Justice Department, law enforcement, United Nations, Amnesty International, Human Rights Watch, NAACP, ACLU) then tell the authorities of your intention and then get a hold of these organizations and have them contact us to learn more. Each one needs to conduct their own investigations to verify these truths. Also, be encouraged to tell them that they need to close down the SMU for good-it is a failed program that does nothing but torture vulnerable prisoners, and it is irredeemably racist. Please inform HRC/Fed Up! of your efforts so we can keep track of where this alert and the supporting evidence are sent and the various responses it receives. Be encouraged to become a point person for reaching out to Human Rights Watch, Amnesty International, the NAACP, or whoever. Just make sure you are familiar enough with the talking points and the evidence that supports them and stay in touch with us.

5)-Prior Notice: Beard and Palakovich have been notified of the criminal acts of retaliation, racist hate crimes, denial of access to the courts, assault, medical neglect, etc. months ago. There is a paper trail leading to their office and their adamant refusal to accept accountability for the actions of staff under the command of Unit Manager Chris Chambers amounts to complicity in torture.

6)-Accountability: Let it be known, finally, that we intend to see criminals held accountable, and that each denial, evasion, and deception on the part of prison officials will only strengthen our resolve to pursue justice by every means possible. We want accountability now.

7)-Special for OPR: The Office of Professional Responsibility (which is neither professional nor responsible, but is-supposedly-an office), the DOC’s own internal “investigation” unit assured an HRC/Fed Up! investigator in early January that they were in fact conducting an investigation into documented human rights violations inside the SMU at Camp Hill. After declaring that they always talk to the inmates, OPR Director James Barnacle went on to directly contradict himself by admitting that their “investigation” consisted of cross-checking our documentation with the prison’s own records. Given that the prison records will report only what guards say, since the word of prisoners is deemed prima facie untrue according to their totalitarian (and, yes, racist) ideology, Barnacle more or less admitted that his investigation was in fact not an investigation at all. Furthermore, we have specifically asked several of the men in the SMU if OPR has interviewed them, and with one exception (Brooks was interviewed two or three months ago about an assault he suffered in 2007), nobody had seen OPR-despite several having contacted them-by the end of January. Tell OPR that we know they are not engaged in transparent and good faith investigations, because if they were SMU staff under the command of Unit Manager Chris Chambers would not dare perpetrate such atrocities. Demand responsibility and professionalism from Barnacle.

Political Targets

Governor Ed Rendell

See numbers 1-6 above. Rendell was informed at the end of November, with considerable documentation. He sent it to OPR.

Senator Stewart Greenleaf

Inquire into the appropriate process for requesting hearings in front of the PA General Assembly, and then request a hearing-to be organized by HRC/Fed Up! and our allies-regarding torture in PA prisons. Provide him our contact information and ask that his staff get in contact with us. Tell staff what is going on in the SMU at Camp Hill.

Local PA Representatives

Hammer away at them, make these lazy, incompetent, and corrupt parasites take a stand. Demand they petition Greenleaf for a hearing. Who are these fools anyway?

Reminders about demeanor, temperament, manners, composure, etc.

Just a reminder, it is acceptable and appropriate to express anger, be firm in our demands, and not tolerate deceptions and diversions. That said, it is critical that we control our anger and not vice versa, and maintain composure and dignity in our demeanor. We want the functionaries manning the phones and reading the mail to be impressed by our command of the facts and message consistency.

Mary Ann Kushner at SCI Fayette apparently told one of our allies that HRC people had been “nasty” to her. Given Mary Ann’s less than sterling reputation as a truth-teller, I assume that means you were all doing your job and holding firm to our shared principles in defense of prisoners’ rights and lives, which no doubt upset Mary Ann. So, keep the cursing to the minimum amount necessary and get at them day after day after day.

And pace yourself. Make a call today, two tomorrow, another the next day, and keep at it for weeks on end. This is a long struggle and we’re in it for life. Invite others to join, today. Thank you.

We need lawyers! Please help us find lawyers with grit, intelligence, and integrity who are willing to go to war with the DOC.

PS-Taking it to the Streets

Phone calls and letter writing are important, very important for providing some measure of oversight and security to the men in Camp Hill and other torture chambers in PA and the U.S. But it is but one tactic amongst many. We need to take this to the streets and get on a move. Be on the lookout for an invitation in the near future, when the entirety of the country-and beyond-will be welcomed into the state to voice their collective outrage over the dehumanizing white supremacist torture of the PA prison system.

HRC/Fed Up! has accumulated over 100 pages of documentation of human rights violations in PA prisons in the last 16 months alone, supported by thousands of pages of prisoner reports, affidavits, declarations, grievances, requests to staff, and civil litigation documents, and further corroborated by hundreds of hours of interviews/conversations with prisoners and their loved ones on the outside. We can assert with absolute confidence and substantial-in fact, incontrovertible-evidence that torture is a widespread, systemic feature of the prison system that deliberately sabotages parole and increases recidivism, hence creating the conditions for continued market growth for the prison-industrial complex.

PPS-Call and/or write us!

Who are you? Have you taken action? Can we know one another and work together to beat back this insufferable brutality? Call, email, write whenever.

Please provide feedback as to your conversations with the peoples above and other efforts undertaken to protect the men in Camp Hill’s SMU.

Thank you.

Solidarity, Health, Respect,
Trust, and Struggle

Contact Information
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
HRC/FedUp!
5125 Penn Avenue
Pittsburgh, PA 15224
hrcfedup@gmail.com
412-361-3022x4~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

In 2006, a NY prisoner filed a §1983 civil rights lawsuit in the NY Western District Federal Court challenging the constitutionality of Prison Rule 105.12 and its application. Mitchell v. Goord, et al., 06-CV-6197. Prison Rule 105.12 is the so-called “gang rule” of DOCS, which is used more as a tool to punish prisoners for possessing written materials than to prevent organizational activities within an institution. The plaintiff had been placed in SHU three times for possessing written materials related to New Afrikan organizations on the outside he openly affiiliates with and deals with. He consistently argued he has a First Amendment right to correspond and associate with, be a member of, write for and about, and possess the literature of any outside organization he so chooses, so long as he doesn’t organize or attempt to organize a prison chapter of any such organization within a facility without approval.

Upon learning other NY prisoners were being punished for possessing written materials related to the New Afrikan organizations he’s a member of, namely the New Afrikan Maoist Party and its affiliates, and upon learning NY prisons were withholding, rejecting or trashing letters and literature form NAMP and its affiliates to NY prisoners, the plaintiff moved to have his lawsuit certified into a class action to protect the rights of those other prisoners and help them seek redress. The district court judge appointed counsel to investigate whether class action certification is appropriate.

It has been reported that NY prisons, like Southport, Auburn, Clinton and Great Meadow are withholding, trashing and rejecting letters and literature from NAMP and its affiliates to stifle their growing influence and support among NY prisoners. So, NY Prisoners who may have stopped corresponding and receiving literature from NAMP and its affiliates because of being punished for doing so, or because of fear of being punished, or who suddenly stopped hearing from NAMP and its affiliates; it’s asked that you complain about this directly to the attorneys appointed in the aforementioned case. Also send a copy to the Collective Legal Services and the district judge - all addresses are listed below. Make sure you state that you support the class action certification of Mitchell v. Goord, et al. And if you hope to recover a monetary reward for any punishment or mail tampering you need to file a grievance now.

Contact:
William G. Bauer, Esq. - Lead Attorney
Erin W. Smith, Esq. - Second
Woods Oviatt Gilman LLP
Two State Street
Rochester, NY 14614

Hon. Charles J. Siragusa - Presiding Judge
K.S. District Judge
100 State Street
Rochester, NY 14614

Collective Legal Services
PO Box 40799
San Francisco, CA 94140

The California Department of Corrections and Rehabilitation (CDCR) has instituted a ban on educational material within prisons, categorically censoring all literature sent by MIM’s prisoner education program. This ban was mandated by Scott Kernan, Director of the Division of Adult Institutions for California, in a memorandum issued December 13, 2006 “directing an immediate ban on the receipt, possession, or distribution of literature/publications from MIM to or by inmates in the custody of the CDCR.” This ban has been interpreted by prisons to include dictionaries and history books as well as MIM’s own magazine and newspapers. In some prisons the ban has been interpreted to also include all letters written by MIM.

This censorship is in direct violation of legal precedent which requires review of mail for content that violates prison policy. Systematic rejection of all mail from an organization based on disagreement with the sender’s politics is not legal, even within the prison system’s own rules and regulations.

Neither Kernan nor the prison administrators applying the ban have ever supplied any evidence that MIM literature (much less, letters, dictionaries and other books MIM sends to prisoners) present any threat to the institutions. Kernan’s letter contains a review of the MIM political line as supposed evidence that MIM represents some danger to California prisons. The California Code Of Regulations (CCR) Title 15, sec: 3135(b) states: “Disagreement with the senders or receivers apparent moral values, attitudes veracity, or choice of words will not be used by correctional staff as a reason for disallowing or delaying mail. Correctional staff shall not challenge or confront the sender or receiver with such value judgments, nor shall such value judgments be considered in any action affecting the correspondents.” Further, in Procunier v. Martinez, the Supreme Court upholds the right of prisoners to receive mail, regardless of the prison official’s opinion of the mail content, as long as there are no legitimate restrictions from the prison related to correctional purposes.

There is a strong correlation between education and imprisonment. According to the Bureau of Justice Statistics (the U.$. Department of Justice’s own organization) latest study on 1997 population data, 41% of State and Federal prisoners had not completed high school. This compares with 18% of the general population age 18 and older.(1) Things look even worse among prisoners age 20 to 39 showing that the trend is towards more prisoners without a high school education as younger prisoners are even less educated than older prisoners. Other more recent studies have shown this trend continues. The likelihood of ending up in prison is tremendously higher for young Black men who drop out of school before getting a high school diploma. And a college degree is further protection against imprisonment.

On the other side of education, in-prison education programs have repeatedly been shown to reduce recidivism by helping prisoners to find jobs and opportunities once they are released. Individual and meta studies repeatedly conclude the same thing:

“Since 1990, the literature has shown that prisoners who attend educational programs while they are incarcerated are less likely to return to prison following their release. Studies in several states have indicated that recidivism rates have declined where inmates have received an appropriate education. Furthermore, the right kind of educational program leads to less violence by inmates involved in the programs and a more positive prison environment.”(2)

California already has one of the highest recidivism rates in the country, with an astronomical 70% of released prisoners ending up back inside within three years. And in recent years we have seen education programs, visitation, and even mail cut back so that prisoners are left with very little to do behind bars and a virtually impossible task of going straight from prison to the streets with no education or transitional services.

Implementing a state-wide ban of educational material from MIM is one more way to keep prisoners locked up. Prisoners who read our literature frequently tell us they learn to channel their time into productive activities rather than participating in violence behind bars. And the education helps them have a better chance at staying on the street once they are released. We get letters pleading for reading materials like this one all the time: “I’m an inmate at Salinas Valley State Prison and am on a yard that’s been on lockdown off and on for approximately 4 years. Therefore I’m unable to get to the library here. I’ve read every ‘floater’ here. I would be very grateful for any soft back books you could send. Anything you send will be read and reread by many inmates.” Surely the CDC”R” knows there is a demand for reading materials in the prisons, but they don’t even bother to fill this void with fluff novels. They prefer to spend their large budget on higher salaries for brutal guards and legal defense for their illegal activities like setting up prisoner fights for sport.

Of course, the CDC”R” does have reasons to ban MIM from the prisons. Educating prisoners is counter to their goal. With education comes consciousness, and while prisoners working with MIM report avoiding violent confrontations (both with their peers and with guards), they are also more likely to take up legal and administrative appeals, and to educate and organize their fellow prisoners to stand up for their legal rights. As one California prisoner wrote to us in October of last year:

“In extending my respects to all, I would also like to convey my heartfelt appreciation to everyone working at, working with and/or affiliated with Maoist Internationalist Movement for all that you do and the services you provide. Especially, in regards to prisoners. Speaking from personal experience I can say that in receiving and reading your newsletters, it’s both a major source of motivation and encouragement. To say that your MIM Notes have served me well does not cover any specifics, but I can say that your notes have been a potent ingredient towards my transformation: and your free books to prisoners program has nurtured and fed me like a baby at his mother’s bosom. The books you have been so generous to send have taught me to respect and value the importance of an education…an education that has taught me that with knowledge comes enormous responsibility. The responsibility that arises from not just knowing the difference between what is said to be right, or wrong, testing an deciphering, truth and lies, but knowing and acting in accordance with what is consistent and progressive in the exercise of self determination and self defense.”

We will continue to pursue the fight against this ban in California, working closely with our comrades behind bars to challenge this action in court if necessary. We encourage the CDCR leadership and California state politicians to step forward and overturn this illegal ban before they are forced to waste money needlessly in a legal battle that will only further expose their disregard for Rehabilitation, the welfare of prisoners, and the very laws they claim to uphold.

We need support from prisoners to join this struggle, and support from people on the outside to demand an end to this ban. Write protest letters to: James Tilton, Secretary, California Department of Corrections and Rehabilitation, 1515 S. Street, Sacramento, CA 95184

1. Bureau of Justice Statistics Special Report: Education and Correctional Populations, January 2003 2. Journal of Correctional Education, v55 n4, p297-305, December 2004. See also The Nation, March 4, 2005: “Studies have clearly shown that participants in prison education, vocation and work programs have recidivism rates 20-60 percent lower than those of nonparticipants. Another recent major study of prisoners found that participants in education programs were 29 percent less likely to end up back in prison, and that participants earned higher wages upon release.”

I am interested in getting petitions for the Three Strikes law. I would very much like to contribute my time in collecting as many signatures as possible. I could easily be a victim of this so called Justice System, I have 2 strikes on my record as a first timer.

I really do have to fight for justice, because after being in the system just a few years I have heard all the stories of inmates who are serving a 25 to life sentences for such petty crimes as petty theft, drug paraphernalia, little petty stuff that I can’t believe these sentences handed down. And the number of years these fellow inmates have served are unjustifiable. I’ve been to San Quentin, and to Old Folsom, in my 3 years I’ve met over 100 inmates who in total years probably served over 1000 years for such minor offenses as shoplifting at Safeway a $10 bottle of liquor (25 years). All too many to name, but as I go through the system I’m seeing more 3 strikers.

It is a crime in itself to take a man away from his family for so long, for so petty shit as taking a pack of batteries, or a pair of levis from the gap. No matter how much this merchandise may add up to, it can never add up to life. And I’m hearing a lot of horror stories like this about condemned men now facing 25 years to life. This is a crying shame, I do hope that the MIM continues to distribute its literature through these prisons so that more people can rally up and speak out on, for I could easily be the next victim of this so called justice system. I’d just like to say to keep up the good work and keep the MIM Notes coming!

MIM adds: A copy of our Three Strikes Petition can be found on our web site at http://www.etext.org/Politics/MIM/agitation/prisons under the California campaigns section.

MISSION STATEMENT

In 1989, the CA Department of Corrections (DOC) opened Pelican Bay State Prison (PBSP). Their primary stated reason for its construction was to reduce prison violence by segregating alleged gang leaders and members. But contrary to their stated purpose, prison violence has increased rapidly and dramatically. The CA prison system is more violent now than it was before the opening of PBSP. In fact, it’s the most dangerous and deadly prison system in the country, as the statistics will clearly attest.

In Feb. 2001, CA witnessed one of its most violent race riots here at PBSP, where approximately 38 New Afrikan (Black) prisoners were stabbed. A message was delivered to me the next day from a group of brothers who had been involved in the riot, requesting my assistance with resolving this racial conflict/war. I am being housed in the Security Housing Unit (SHU) here at PBSP (solitary confinement), so I am in a position to talk to certain influential Mexican and white prisoners.

That night, I wrote to Warden Ayers, explaining to him that I would like to initiate peace talks designed to resolve this conflict. The following morning, I was escorted to the warden’s office. He was interested in my proposal. While I was there, he asked what he could do to facilitate this peace process. I told him I needed to speak with a number of prisoners, and he told his staff to accommodate my endeavors. I was able to bring all relevant parties to the table, a peace plan was adopted and a cease fire was implemented.

We knew there were a number of associate wardens here at PBSP, as well as Institutional Gang Investigation (IGI) unit administration in Sacramento, along with the CA Corrections Peace Officers Association (CCPOA, prison guards union) who did not want this truce to take place or to take hold. True to form, they sabotaged our peace talks with lies and negative propaganda. Because we failed to mobilize an outside, grassroots support base, we were not able to challenge the lies and distortions that were being told.

The DOC told the politicians and the media that they didn’t need us to resolve this conflict. They know that’s untrue, that we are the only ones who can resolve it. When I say “we,” I mean those New Afrikan, Mexican, and white prisoners presently housed here in the SHU at PBSP in the D-Facility, units 1, 2, 3 and 4. Many of us are between 40-65 years of age and have been in solitary confinement from 20 to 40 years. I personally have been in isolation for 24 years. We are the only ones who possess the respect and influence to end this conflict.

We could have resolved this racial conflict five years ago, but the CDC didn’t want us to achieve that goal. As a direct result, the conflict has spun out of control. Since 2001, there have been at least 500 race-based riots behind the walls, and approximately as many individual stabbing incidents related to this conflict. Over 200 race riots took place in 2005 alone. Even worse, since 2001, the conflict has spilled out into the community outside the walls, especially in southern California, and now the community is caught up in the conflict. Of course the CDC will not take responsibility for the escalation of this conflict, but the fact remains that it was the CDC that sabotaged our efforts to end it, and now it has enveloped the whole state of California.

We can no longer afford to expect the CDC or government to end this conflict, or allow them to prevent us from ending it. The escalation of this conflict is a further example of the CDC’s criminal negligence. As a class of veteran convicts, we are reaching out to the outside community for your assistance in resolving this conflict. With your help, we can put an end to this war.

We have developed a plan that would consist of a joint effort, but an effort led by us. What we need from you is to force the CDC to allow us to initiate discussion on a peace resolution. At present we are not allowed to get together and dialogue on a truce. We are presently looking for outside volunteers to serve as facilitators and coordinators. The facilitators will assist those directly involved in the process, since being in isolation limits what we can do. This is why it’s very important for us to have outside assistance. The coordinators are grassroots organizers that will be responsible for mobilizing a community effort in support of our peace summit. If your are interested in being a facilitator you can contact me at:

Abdul Olugbala Shakur s/n J. Harvey
D-4-112/ C-48884 (SHU)
PO Box 7500
Crescent City, CA 95532
Pelican Bay State Prison

We also have a petition that we are presently distributing in support of our peace summit. Download the Pelican Bay State Prison Peace Talk Petition.

MIM replies: This mission statement underscores what MIM has long reported - the California Department of Corrections is behind the prisoner-on-prisoner violence and conflicts between nations in the prisons. They set up these divisions and they sabotage efforts by prisoners to achieve a peaceful resolution. The CDC’s interest in promoting gang warfare behind bars is clear - keeping the prisoners divided and fighting one another prevents them from coming together to fight the injustice system. And these fights give the CDC justification for all kinds of repression and lockdowns. In fact they justify the existence of the Security Housing Units (SHU) themselves, which claim to house the “validated” gang members.

This is the same thing going on on the streets - the U.$. government has played a role in funneling guns and drugs to the streets to help fuel the creation of organizations fighting each other in oppressed communities. These organizations need to turn themselves to genuine self-defense in the interests of their nation, against their true enemy who perpetuates the system of national oppression in Amerika: the imperialist U.$. government. The organizers at Pelican Bay are setting a good example for people behind bars and on the streets, and we will work with them to take the struggle to the next level, beyond peace and onto the united struggle for justice.