I have been getting blocked from accessing the courts by mail due to my indigency and DACDC refusing to send out my legal mail to the courts. I have been writing 2-3 times per week to submit motions and add exhibits as evidence including 40 more mail rejection notices and 10 envelopes from the Supreme Court of New Mexico Law Library that were not processed properly as legal mail. Can you advise me on this or at least give me appropriate case law to cite in this regard?
Under the United States Constitution, in particular the First Amendment, is Our fundamental right of freedom of speech, expression, association and religion. This means that people have the right to freely express themselves socially, politically or religiously no matter how radical or backwards the ideas may seem. Everyone has the right to believe what they choose and to freely express those views. At lease that is what the law says.
However, prison administrators across the country have continuously and deliberately violated prisoner’s rights based upon the false assumptions that the social, historical and political material that they are receiving is somehow a threat to the prison safety and security.
What this amounts to in reality is the prisonkrats suppressing Our right to associate with, receive mail from, correspond with, possess the literature of, or be part of any group or organization that is political in nature, and especially those groups or organizations which are critical of the prison industrial complex. The last thing the prisonkrats want to see is a bunch of prisoners who are socially and politically conscious and active. They want Us to stay ignorant and in the dark, as We are their job security.
Everyone who is currently incarcerated must learn not only mailroom policy and procedure, but what federal case law supports and protects Our rights. If you aren’t doing anything to challenge the repressive/oppressive conditions, then you really have no right to complain. I am encouraging all of you whose rights have been violated to appeal those decisions through the grievance process and to exhaust all of your administrative remedies. Once this is done, you should prepare and file suit under 42 USCA 1983, which is the federal civil rights lawsuit and the proper legal avenue to challenge the system’s censorship of your mail.
For those of you in Missouri, I am currently preparing a federal complaint and once filed, you may be able to become a part of this suit if it is “certified” as a class action, meaning that the censorship policy is violating our rights as a class.
I am asking all of you on the outside who support Our right to receive literature and information to write letters to the Director of the Department of Corrections. and the warden here and let them know that you are aware of their illegal activity of violating Our rights and that you support Our right to receive information, correspond with and be members of outside social and political organizations.
For those who are not too abreast of the law, here are some cases that the courts rely on regarding censorship. These are your weapons, use them well.
Turner v. Safely 482 U.S.78. 107 S.Ct 2254
Proconier v. Martinez 416
U.S.396. 94 S.Ct 1800
Thornburgh v. Abbott 490 U.S. 4o1
Johnson v.
Raemisch 557 F.Supp 2d 964
Jacklovich v. Simmons 392 F.3d 42o
Injustice anywhere is a threat to justice everywhere. Thank you for your support. You can also contact me through MIM for more information. Send letters of support/protest to:
Larry Crawford, Director
Missouri Dept. of Corrections
PO Box
236
Jefferson City, MO 65102
(573) 526-6607
Troy Steele, Warden
Southeast Correctional Center
300 E. Pedro
Simmons Dr.
Charleston, MO 63834
(573) 683-4409
Last night at dinnertime they served what you call “baked chicken” and it had blood running out of it. It had a stink to it. You can catch salmonella this way and it can kill you. The canned greens had sand all in them, the carrots had mud stains on them and the rice was raw. None of these foods were washed or cooked properly. This is done regularly. I’ve written grievances and complaints to no avail. This is just inhuman, we are human beings not pigs out in a barn.
I canceled my XXL Magazine subscription. My Vibe and King subs should be about up too. They rejected Vibe November 2008 for so-called “gang signs” as well as my first issue of King. I’m sending you the copies of both of the censorship notices so you can contact them for me. I sent grievances (formal and informal) out about my Vibe magazine and never saw a response- it’s December now, this is ridiculous.
MIM responds: We have also attempted to contact Harris Publications a number of times regarding racist censorship of their publications, but we have not received a response either. This is just one of an increasing number of reports we are receiving regarding the censorship of these three publications in prisons across the country. So far, they seem unconcerned with the subscription cancellations. We encourage prisoners to change to an Under Lock & Key subscription and support a publication that will stand up for your basic constitutional rights. Even though we offer free subscriptions to prisoners, anyone who can afford to should be contributing to our printing and postage costs. We are a 100% self-funded by comrades in the movement.
I’m in solitary and they have strict magazine/newspaper rules, meaning no magazines/newspapers and just this last week they said no books. I’m grieving them on the books and all the returns using this case law: Prison Legal News v. Lehman 397 5.30 692 (9th Cir. 2005) - prisons may not prohibit prisoners from receiving non-subscription mail and catalogs, Sonnels v. McKee, 290 F.30 965 (9th Cir 2002) - prisons may not ban gift publications for which prisoner has not paid, and Morrison v. Hall, 261 F.3d 896 (9th Cir. 2001) - prisons may not ban receipt of subscription publications sent by bulk, third or fourth class mail. I’ve tried writing to the mailroom and explaining the way they’ve been in the wrong, nicely. But it seems there’s no other way but to grieve and most likely prosecute.
It’s not just mail and books I’ve been grieving and this might be why they have been holding/denying my mail. I’ve grieved mental health all the way to level three and also medical for deliberate indifference. They have mentally ill prisoners over here in solitary who regularly get peppersprayed, stun gunned, thrown around, thrown on strip cell, and even end up killing themselves. The C/O’s kick their doors every count, waking them up. Calling them names, egging them on. Sgt. Feikert commented just last week as they zipped up Mark in his body bag, “No big loss, this scumbag did us a favor, we need the bedspace.”
I read a piece by Emile Capouya called, “Laying Down the Gun,” that says this about C/Os, “The policeman’s… training… [is] directed to a single object… making the system safe for the powerful. The deformation of character he suffers may be greater or less than that of the ‘other’ born losers he is paid to keep in line, but I imagine it must be substantial.” And I can see it in their faces. They’re in the belly of this beast called prison even though they go home to sleep. I’ve been locked up for six years, but against my will. They drive their sorry selves here each day.
But isn’t the key in the general strike? If that was awakened again I believe it could work. It’s not about violence, is it? I don’t know but like I told these other organizations, if you could have talked to me one year ago I wouldn’t have been able to tell you there’s 2.3 million people caged in the U.$. of A’s prison industrial complex. In my mind I knew something wasn’t right and I literally saw no better way than to take a couple cops with me, hence my disarming an officer charge. But now I have something larger and more pressing to put my weight behind. I just hope others like myself see the truth before it’s too late for them.
MIM(Prisons) says: We also spend a lot of time explaining to prison mailrooms and administrators when they are breaking their own rules and laws. But often they will not address the misdeeds and it is then necessary to prosecute in the courts, as this comrade explains. Unfortunately, this is usually the case, as years of reporting in Under Lock & Key have documented. Like the quote in this letter implies, this is only to be expected from those who are trained to serve the interests of the state. While oppression of certain groups serves the state, so does a semblance of bourgeois democratic rights. That is why we can usually count on the courts to give us a more fair shake than the pigs will. Such battles are necessary survival tactics for the oppressed and for the movement.
The author, like many who write us, is someone who used to think killing cops was the only way to defend himself from the attacks he faced. Prison staff abuse and disregard the lives of prisoners regularly as he describes. Lives are at stake in the amerikan prison environment, both prisoners and cops. Yet official policy institutionalizes violence by encouraging a culture of punishment while often denying any administrative recourse for those who are being abused. In many of these same facilities, even outside parties such as MIM(Prisons) have no recourse with these state employees, nominally servants of the people, when they violate our guaranteed rights by preventing us from communicating and associating with others.
MIM(Prisons) works with comrades like this to find a real solution to these problems because fist fights and stabbings are not the answer to abuse in prisons. We hope that the prison administration will recognize this and begin treating prisoners like humyn beings. Studies have shown that the u$ prison system inherently breeds abuse, while history demonstrates that only a socialist prison system that puts the interests of the world’s people first can provide a viable alternative where those who have committed real crimes are restored and not victimized. So it is important that we use long legal battles to build outside pressure and oversight on what is going on inside u$ concentration camps today, in order to bring this contradiction of capitalist society to the forefront while building a broader anti-imperialist united front.
Dear King,
I have received you all renewal notice stating that October will be my last issue. Well, I would really like to continue my subscription, but for some strange reason, when I attempt to reach out to the company on numerous occasions to inform you all that Red Onion State Prison is stopping the magazine at the first level of a three level panel because they consider it to be promoting violence, gang-related, among other reasons used to reject you all King Magazines to those of us at Red Onion State Prison who paid in advance to receive the King Magazine each month.
I am disappointed with the customer services department for not having their staff effectively communicating on this matter. No one responded to my letter and no one at Harris Publishing is showing any type of concern to battle Red Onion State Prison for slandering King Magazine and what you all represent, which is a Black popular culture magazine.
Now, like I mentioned above, I’d love to reorder. But the conditions are not stable and you all not showing support to fight the struggle with these people and I’m a customer. This document I’m enclosing is how they categorize King. Now, it didn’t spread mainstream through the whole Virginia system yet, but it’s coming very soon. So what is King going to do to maintain thousands of their worthy customers?
I included two pages of a book titled “Hip Hop Lil Wayne”, by Janice Rockworth [see below], which the library is issuing out for prisoners incarcerated at Red Onion to read. Now, this particular book literally speaks in details about gangs. But yet, they (ROSP) constantly keep stopping ULK & Black magazines from coming into this facility for the reasons that they promote gangs or gang activity. It is not fair for these people to try and dictate what we can receive with the money we spend, especially when we have personal property approval slips to receive them. These pages are evidence to support any case brought against ROSP pertaining to discrimination and publication censorship.
I am doing life here at Snake River C.I. in Oregon. Oregon prisons in general censor lots of publications such as the Egyptian Book of the Dead, Rune books, and the Satanic Bible. Books/magazines with pornography photos or adult content are censored.
Also, there are monetary fines. We here in Oregon get fined for things like disrespect, disobedience of order, etc. The way fines work is if you get fines, and you get money sent in, they take half up to $60. After that they just leave you $30. Then at the end of the month they take whatever you have left so you can never save money, can’t buy a decent pair of shoes, can’t buy anything. If you were to get money put on the last week of the month, you’re burnt. They will take the rest. The disciplinary system here is totally inept and unjustified.
The Intensive Management Unit (IMU) is totally out of whack. We are maximum security prisoners, not in a disciplinary unit, but a programming unit. We have no access to phones, we don’t get mainline commissary, we aren’t able to have personal shoes. Yet any other maximum security prisoner is allowed these things.
These issues are some of the things that are wrong with the Oregon prison system. I won’t even begin with the sentencing system!
Colorado – 3rd in per capital prison spending
47th in per capital
education spending
6th fastest growing prison population in the
U.S.
No surprise here, is there?
Hello and greetings! I am so glad to have found you. I have been an anti-imperialist since I was fourteen, and more recently I have been studying Marxism. Would you please subscribe me to your publications.
I am intrigued by your URL name “Prison Censorship” [www.prisoncensorship.info is the MIM(Prisons) web site]. Prison censorship has gotten out of control, especially here in Colorado. I should never have come to Colorado, this is truly the quintessential police state if I ever saw one. This is my first (and last!) trip to prison and I would have received probation for my first time offense in any of the prior states I have lived. They don’t screw with our political or religious mail here. That’s one of the only things the ACLU has ever done for us here. As payback, they terrorize all of our other mail and reject numerous legal and constitutionally protected correspondence.
I’d like to comment on some of the articles written by prisoners in September’s ULK. While I haven’t finished reading it just yet, only the prisoner articles, I quite enjoyed the ULK. This edition should’ve been titled “The Censorship Issue.”
It’s true that institutions throughout the country focus only on Black and Brown oriented magazines, citing “pornographic material” or “gang paraphernalia.” Now this doesn’t just have to do with “Vibe” or “XXL” or “Maxim en Espanol.” Even “ESPN en Espanol” has begun to be targeted within SVSP. Now last I checked “ESPN en Espanol” focuses on soccer and sports in Latin America in general and last I checked there weren’t many scantily clad women in this magazine. So what’s the deal? It seems that since many adult institutions so successfully banned pornographic materials, such as pictures and magazines, now they’re trying to stop us from appreciating our own women who aren’t even naked in these magazines. Now that they see that they can get away with this they seem to move on to sports magazines stating that they can’t understand the language therefore there’s a possibility that coded messages might be hidden somewhere in the text or some other frivolous, ridiculous reason.
To me this seems like a type of aggressive assimilation. You can’t look at brown/black women, but you can look at some fancy white model in Vogue magazine. Also I recall seeing an issue of GQ magazine sometime back with an article about a supposed member of the CRIPS gang in Watts. In this article there were a few pictures which, if found in Vibe or any other culturally oriented magazine, would’ve deemed the magazine a “safety and security risk” to the institution, but because it was in good ’ol GQ, no one batted an eye. I’m sure they don’t even bother to crack those open for inspection in the mail rooms inside institutions across Amerikkka.
Another article that caught my attention in the ULK was the plight of the South Carolina inmate. There seems to be a lot wrong with what’s going on over there. To begin with, by law every institutional law library must be properly stocked and equipped with adequate and up to date legal materials. Off hand I can’t remember the title of the case but I believe this has already been decided in the U.S. Supreme Court. Next time I go to law library I’ll try to find it.
Also concerning the New Mexico inmate whose grievances are not being responded to, it would be a good idea if he acquired declarations from other inmates there who’ve gone through similar experiences he could use these declarations to show the court how the prison refuses to let prisoners exhaust their remedies. This is what I’m doing for a couple of guys here whose civil suits were dismissed in the district court due to supposedly not exhausting the remedies. They are now appealing in the 9th Circuit and my declarations of how I found 602s and legal mail in the trash will hopefully be helpful.
8/12/2008
Yo, I just want you to know that I received your letter and that I didn’t get the MIM Theory #7. I am waiting for the grievance that I filed on 8/5/08 and I just wrote to the superintendent of programs about this. I got the manila envelope that they send the MIM Theory in, but the MIM Theory was not in the envelope, instead there was a pictorial sex book.
…I don’t know if it was on tv out there but the jail got locked down for like 4 to 5 days and 4 C/Os got cut or stabbed, so shit’s been crazy.
8/18/2008
I just wanted to let you know that I didn’t get the MIM Theory #7. I wrote to M. Putnode, Deputy Supt./Programs Services and they said that they do not have it. I wrote a grievance and they didn’t write back.
- a prisoner in Clinton Correctional Facility
MIM(Prisons) comments: We can document a history of abuse and targeting of politically conscious prisoners at Clinton Correctional Facility going back years and naming names. Numerous prisoners have filed complaints regarding these staff members, and groups like the Correctional Association of New York (in 2004) have reported on these trends. Yet the state has still not put an end to it.
This example is similar to others at Clinton, where there is no paper trail, allowing the administration to say that nothing happened and deny responsibility. In other words, the NYS DOCS has granted staff the freedom to act however they see fit to repress efforts at organization and education in Clinton.
We have written in previous issues about the gender oppression of prisoners. This act of sexual harassment is just one more example of that. A Black man tries to educate himself about the liberation of his people and some cracker steals the literature we send and replaces it with porn. He sees the Black man as having no interests outside of smoking weed and chasing pussy, and this is how he reacts when faced with reality.
Upstate and Five Points have recently censored mail from MIM(Prisons) as well alleging that it promotes violence. Once more, for the record, MIM(Prisons) does not promote violence, we promote a world free of oppression. Only the oppressor can decide how that will come about. Unfortunately, we do not have the power to do so ourselves. We can only transform the world we find ourselves in by understanding its internal nature.
Some recent censorship was justified because it was critical of prison labor, the physical abuse of a prisoner in New York, and advertised lawsuits that are pending against the state. The most recent prison censorship case, Lorenzo Johnson v. Rick Raemisch, Daniel Westfield, and Michael Thurmer, Case No. 07-C-390-C, upheld that prisons cannot censor literature because it is critical of their department. And attempts at stifling support for class action suits is just one more effort to prevent prisoners access to legal protection. The recent attacks at Clinton reported here show what happens when you don’t allow prisoners access to legitimate grievance procedures when staff becomes abusive, as they inevitably do in such an oppressive situation.
The policy of the NYS DOCS of supporting staff committing these abuses for years demonstrate a clear attempt by the department to promote violence. Even if they can’t learn from their own experience, we’ve been telling them this for years, and we know they read our literature, so they can’t claim ignorance. They want violence, because they use violence as an excuse for further repression. Repression is against the interests of the oppressed, so the oppressed (MIM(Prisons) included) oppose this violence that is being promoted at Clinton.