Under Lock & Key

I’m listening to an N.P.R. news report. An “African-Amerikkkan” woman is ruefully recounting the January 6th, 2021 right wing attack on “our” democracy. I wanted to laugh and cry that this sister was so lost that it was pitiful. So many confused and deluded people, even at this late hour, don’t know that Amerikkka has never been a true democracy, in the way that most people have been led to believe. Amerikkka has assassinated more legitimately elected leaders, around the world, than all other world’s states combined. They have installed dictators who starve the childred, and propped up those colonial/neo-colonial police states so that the First World can live like royalty on the stolen labor and natural resources of those Shanghai-ed and enslaved societies. Throughout the past century, these overthrown dictators always seek refuge in the U.$. or Britain. The rats always run back to the nest. (From Baby Doc, to Jair Bolsonaro, the Shah of Iran, and many more.) That is not what truly civilized, freedom and justice-loving democracies do. That is what Nazi police states do.

Even if Amerikkka could be a democracy – which it never can – it would not be “our” democracy. Judge Roger B. Taney declared as much in 1857 or so. Chief Justice William H. Rehnquist reiterated this, in 1987 or so. It is now 2023. It’s time to wake up. Marcus Garvey clearly stated, in 1923 or so, what most people still have not heard: The first piece of toilet paper was invented in 1786 or so. It was called “The United States Constitution.”

In 1940 or so, a lot of Amerikkkan leaders, at the highest levels of U.S. government and industry, supported Adolf Hitler. The antics of ex-President Donald J. Trump and many U.$. leaders of government and industry (and many millions of oppressor nation Amerika alongside their oppressed nation allies) proved that, in 2021 – and for the foreseeable future, I’m sure, – the status quo shall remain!

Truly, the most productive years of my life were the 9 years that I lived on various “Indian” reservations and on “hippie” communes, which modeled much of our lifestyle on First Nations’ (Lakota, Diné, etc.) beliefs, and some African and Gaelic beliefs. There was the occasional Taoist or Buddhist, but we all realized we are all guests in our First Nation sisters’ and brothers’ home.

I gave up on Amerikkka in the early ‘90s. I wanted my kids’ mom to come away with me to Indonesia or somewhere in the South Pacific (Fiji, the Solomon Isles), but she would have none of it. She still believed that the U.$. was a good country; like so many naive “dreamers” today. I honestly believe that many migrants who come to the U.$. are not seeking freedom; they’re seeking money, and are probably loaded down with contraband they’ve stolen from someone else, or are on the run from justice. The rats always run back to the nest.

I used to think that if Africans made significant cultural and economic ties to First Nation sovereign communities, that, by now we could have established our own sovereign communities; but very, very few Blacks that I broached the subject to would even consider living around a “bunch of poor ass Indians,” and struggling to build a community from scratch, when there’s a McDonald’s right around the corner. Besides, the Alaska and Wyoming wilderness is not Stacey Adams and Cadillac-friendly. I guess it was just too big of a sacrifice to make for the honor and love of our children. We don’t want to empower the police state, but who can live without Tangueray and Louis Vuitton?!

If the U.$. would switch the military/police/prison budget over to health and education, and give the paltry health and education budget to the pigs and politicians, Amerikkka could quite possibly be a good country. Maybe even a great country! But after 500 years of this shit, I’m not gonna hold my breath. Like I said, Amerikkka has destroyed every nascent, true democracy that opposes white supremacy.

It is with immense frustration that I write to you on the behalf of ALL offenders that are in the Indiana Department of Corrections (IDOC) prisons that are run and operated by The Geo Group Inc. (a private prison corporation). Prisoners here are receiving “State Pay,” which consists of the following:

The level of unequal wages from The Geo Group Inc. regarding this effort is appalling. Indiana Government Officials have unfortunately failed to address the problem and have allowed the “State Pay” wage disorder to continue.

In the State of Washington, on 27 October 2021, a Federal Jury ordered The Geo Group Inc. at the ICE Processing Center (formerly the Northwest Detention Center) liable under the State Minimum Wage Act (MWA). In Washington, Attorney General Bob Ferguson filed a lawsuit alleging that The Geo Group Inc. was violating the state minimum wage law. The U.S. District Judge Robert Bryan ordered The Geo Group in Tacoma, Washington to pay their detainees $13.69 hour. These are immigrant detainees. These immigrant detainees were represented by four (4) law firms. Names of the law firms are as follows;

• Schroeter Goldmark & Bender – Seattle, WA
• Open Sky Law PLLC – Kent, WA
• Menter Immigration Law PLLC – Seattle, WA
• Law Offices of Robert A. Free – Nashville, TN(1)

We believe that our pay here, less than 2% of the pay received in Washington, is discrimination by The Geo Group Inc. here at the Indiana Geo Facilities.

On 26 January 2021, President Joseph R. Biden, Jr (D) signed an order and stated… “to stop corporations from profiting off of incarceration that is less humane and less safe”. We believe that The Geo Group Inc. is violating Title VII of the Civil Rights Act, which prohibits racial discrimination in the workplace. State prisoners may not be entitled to State Minimum Wage, but there is NO exception for private for-profit detainees, prisoners, or offenders here. The Geo Group prioritizes profits over rehabilitation, making us ALL less safe.

Indiana Government Officials and The Geo Group Inc. have to remember that we are in an inflationary economy. Us prisoners here at The Geo Group Inc. facilities here in Indiana are getting overwhelmed, over-worked, and frustrated simply because we do not have the same income or access to resources as others. We have material needs such as hygiene, property, food, etc. that cannot be met due to the “State Pay” wages that have NOT kept up with the exorbitant price of living.

At the Indiana Department of Corrections commissary from the Indiana Correctional Industries Plainfield, IN Distribution Center, the prices of our needs are increasing dramatically due to the inflationary factor. NO prisoner in The Geo Group Inc. private run prison(s) who gets State Pay should ever cower in fear of his/her employer‘s power to silence legitimate points of view of their wages.

The State of Indiana and/or The Geo Group Inc. needs to raise the starting pay wage significantly to a reasonable wage. It is time for the State of Indiana and/or The Geo Group Inc. to make the financial adjustments and changes.

We believe that there are laws, ordinances, policies, rules, acts, statutes, procedures, or even regulations that have been violated or criminalized by our Constitution in the Fair Labor Standards Act (F.L.S.A), Administrator of Wages & Hour Division, U.S. Deptartment of Labor, Equal Employment Opportunity Commission, Labor Management Relations Act, etc. We know Indiana Government officials Governor Eric J Holecomb, Commissioner Robert E Carter Jr, Deputy Commissioner/Chief Financial Officer Dan Brassard, are the individuals who control our scale wage that makes the financial adjustments and changes in our “State Pay” for the The Geo Group Inc. to pay our wages.

A raise in starting pay will be a positive thing allowing more offenders to find satisfaction in their careers and it can allow more workers to make a living wage and contribute to the broader economy. Our facility jobs are not a free pass to wipe our slates clean, they are an acknowledgment that we have to change our lives to be more accountable and the State of Indiana and/or The Geo Group Inc. is what will allow us to do that. A productive offender in the Geo Group facility with a fair wage will perform better work ethics, do things properly, and have better responsibility.

We as prisoners are entitled to be paid minimum wage or a fair wage for our labor keeping The Geo Group Inc. facilities up and running, like preparing and serving food, running laundry, maintenance, landscaping, mowing, sanitation, administration clerks, etc. We are not asking to be put on an indefinite leave of absence means or that ALL Geo Group contracts be terminated. We are exercising our rights, which are workers rights, and show that we have a right to stand up for each other and for justice for Geo Group Inc. prisoners who work at their facility and receive state pay wages.

Please take into consideration, when we do get our “State Pay” the I.D.O.C takes 15% right off the top. This money goes into our re-entry account which we receive back upon our release back into the community. This gives us a little financial assistance. Now here is this Geo Group Inc. offender who has a C-Pay job, which is $0.15 an hour, works 6.5 hours a day, 5-days a week, comes out to be $19.50 per month. Now the State takes 15% for re-entry which comes out to $2.89. This leaves you only $16.32 a week to buy hygiene, property, food, paper, pens, etc. And if you went to go to medical or dental, that’s a $5.00 charge and the medication is $5.00.

Please also investigate the Geo Group Inc. in Tacoma, Washington where they are paying immigrant detainees $13.69 an hour. This is discriminating against us offenders and manipulating us due to what they pay us as “State Pay” here in Indiana.

• State of Washington Attorney General – Bob Ferguson filed lawsuit against The Geo Group Inc. in 2017 [Washington v. Geo Group, USDC, W. Dist. WA. Case No. 3:17-cv-05806RJB]
• Detainees filed lawsuit in 2017 with assistance of Schroeter Goldmark & Bender and Robert Andrew Free [Nwauzor v. Geo Group, USDC, W. Dist. WA, Case No. C17-5769RJB]

Thank you for your time and patience.

MIM(Prisons) responds: First, we want to remind our readers that a very small percentage of prisoners in this country are in private prisons, and most of them are immigrant detention centers like the one in Washington discussed. As the author above argues, there are potential legal differences in how labor is considered in private prisons compared to most prisons. And economically it is very different because corporations like Geo Group are making money running prisons for the state, but using basically free labor to do much of that work. This is a very dangerous combination that economically incentivizes mass incarceration.

In our 2018 survey of prison labor across the United $tates we found that wages for maintenance work typically ranged between $0.14 and $0.63 per hour. Though of course in some states prisoners do not get paid at all for working to maintain the prisons. This puts Indiana at the low end of states that do pay. But as this comrade and others have recently pointed out, inflation is hitting hard in the form of commissary prices. Therefore to have wages at the low end from 5 years ago is far from adequate when most prisoners need to buy supplemental hygiene and food, not to mention minor comforts.

Based on the information we can find online, the Geo Group stopped having prisoners work right after the court decision, so no prisoners are getting paid minimum wage. In addition they appealed to delay back-paying those who had already worked in the past.(2)

<sup>Notes:
1. Prison Legal News, December 2021 Vol. 32 No. 12 pg. 26 and April 2022 Vol. 33 No. 4 pg. 30. published by the Human Rights Defense Center
2. Alanna Madden, 6 October 2022, Ninth Circuit takes up Geo Group appeal over underpaid detainees, Courthouse News Service.</sup>

This report is to inform other comrades of the new law that was passed called the Keep Families Connected Act in California and to expose the sneaky tactics the state is using to bastardize it. The Keep Families Connected Act states that as of 1 January 2023 all calls between Us (the prisoner class) and our families and friends will be provided at no cost to Us or our people outside.

Here in the South Bay there was no fanfare for the Act’s passing, no bulletin from jail administration stating this, or message on our tablets, which have the phone app most use to call home. After further research, i was informed by a Lieutenant pig that Keep Families Connected Act only gives free calls in CDCr facilities, and county jails like Main Jail North are not included. Seems California doesn’t actually give two shits about keeping families connected.

The tablets we have in California are already used to record your voiceprint (individually distinctive pattern of certain voice characteristics, spectographically produced) and facial biometrics (measurement and analysis of unique facial features, especially for verifying personal identity) which to even use the tablets you must agree to as part of the Terms of Use.

As is so common the case, anytime the oppressive elite pigs give us something, it’s usually poisoned, warped, and deformed to suit their means. To utilize these free calls your people must download an app first (for iPhone it’s GTLConnect, for Android it’s GTL Phone App). As a former hacktivist in the early days of the Anonymous Collective, i believe these apps could be infected with many different types of viruses, keyloggers and spyware included. This is true for the iPhone, despite many peoples’ false notions that Apple products cannot be hacked into.

It also should come as no secret that the Amerikan government does in fact spy on its people, as was exemplified by the NSA leaks by Edward Snowden, and the revelations of the FBI’s COINTELPRO of the 1960s and 1970s.

But downloading an app is not all your family and friends must do. Once downloaded they must make an account, which if they use their real information, now puts a name, date of birth (and with this DMV records can be looked up, background checks administered) and thus every recorded conversation now has a face they can put it to. This is my speculation and by no means proven fact, yet we should always be wary and skeptical of anything handed to Us from the bloody paws of the capitalist-imperialist fucks whom oppress us.

We should learn from our past experiences through study to better identify such reforms for what they really are: Band-Aids for bullet wounds.

MIM(Prisons) adds: This week President Biden signed an Act to require the Federal Communications Commission (FCC) to ensure reasonable rates for any kind of voice or video calls made from jails and prisons in the country. To date, families and friends of prisoners have paid ridiculous prices for phone calls to their imprisoned loved ones. This profiteering discourages the maintenance and development of positive relationships in the community that are important for re-integration upon release. As such, we welcome these reforms, though they are a small drop in the bucket of the extreme forms of social isolation and torture imposed on hundreds of thousands of people in U.$. prisons.

We also share the concerns of our comrade above. Though communications into and out of prisons have always been assumed to be monitored, the technology to do so is at another level now. And instead of extorting families for phone fees, they are now strong-arming their persynal and biometric information out of them, extending the arms of the surveillance state into not just those convicted of a crime, but all who wish to relate to them. It is hard enough to get people to avoid such surveillance technology on the streets where people have choices.

In the early days of Corrlinks, we could use email to communicate with some of our subscribers. While we recognized the potential downside of surveillance, all mail is potentially surveilled as well. However, now that the model has developed they seem to uniformly charge money for electronic mail to prisoners and require the installation of spyware and giving persynally identifying information to the company and the prison. So if you’ve tried to email us through these services and we don’t respond, that is why.

We have been covering the topics of the distribution of computer tablets among prisoners in this country along with the digitization of mail that they enable. These developments strengthen the totalitarian control of the state, and often further limit communications with the outside despite the political messaging. Following in the footsteps of the phone companies, the new brand of prison profiteers are these mail processing companies like TextBehind and the old-timer JPay. As depicted in the artwork above, TextBehind has created a barrier for letters from organizations like ours from reaching people imprisoned in North Carolina.

The Nevada Department of Corrections (NDOC) is currently holding me in Ad-Seg because of a bootlicking inmate’s claim that I am his enemy. I have never had an enemy in my almost 20 years in prison. The real reason is due to my current litigation against the NDOC due to their violations to my civil rights.

Enclosed is a copy of a DOC-3012 form, I encourage you to print it in the next ULK issue without censorship in an effort to expose the responders for what they are! I’m also sending you a copy of a “Snivel Kite” I was given after reporting the DOC-3012 response to Correctional Officer Alfonso Alvarez. I encourage you to print it as well.

I’m attacking the “Heat Sensitivity Scoring (HSS).”

We feel that being classified as “Heat Sensitive”, which requires a cool-bed housing assignment, is a medical treatment and a medical diagnosis. A diagnosis that you should be able to choose if you want the “treatment” or not. We have a right to refuse medical treatment but they will not let us opt out of this “classification” and will not explain how this “Heat Score” was calculated.

The best information I’ve gotten on the Cool-bed litigation came from Nell Gaither at the Trans Pride Initiative PO Box 3982, Dallas, TX 75208 (214) 449-1439, tpride.org. She copied and pasted Document 59-2 from Sain v. Collier 4:18-CV-4412 and I had her letter entered in my case. It is a 4 page letter and you can buy it for $0.50 per page from the Clerk in the Western District, Austin Division @ 501 W. 5th St., Suite 1100, Austin, TX 78701.

TDCJ makes First Nation practitioners take a religious knowledge test before they will approve them for a Designated Native American Unit and if you can’t pass the test you can’t meet with clergy or attend ceremonies, etc.

I was shipped off of my Designated Unit and put in High Security in Allred because I was “Heat Sensitive.” SO they denied me of my religion due to my health conditions and wouldn’t tell me I had to re-take the test to re-apply for a Designated Unit (which is unconstitutional). Anyway, what they’re really doing is shipping [lawsuit/paperwork] filers off to high security claiming they are “Heat Sensitive.”

If this happens to others, all they need to do is contact the Chaplain and apply for a transfer to a Designated Unit again. They will have to take the test again as is TDCJ Religious Policy AD-07.30 policy number 09.02(rev3)p.1 &2 and policy 09.02(rev2) Attachment A.

We are looking to do away with this unconstitutional religious discrimination and teach our own religion. TDCJ’s text is based on Lakota religion and there are no Lakota tribes in Texas, so it is difficult to get Native Chaplains willing to teach a religion that is not their own.

People are fired up about ULK 78! I’m going to be ordering all of my grievances to send to TX Prison Reform. Thank you Triumphant of T.E.A.M. O.N.E.! for the good info. I’ve already ordered my grievances, I have 56! You can purchase them from the law library for $0.10 each.

Note to my Connally Unit comrades: As of 1 August 2022, TDCJ will no longer make legal copies, which is fucked up! I’m having to send my original documents through the mail to the court and hope they don’t steal my mail. Warden Rayford has banned inmate-to-inmate legal visits and there is no drinking water in the Law Library and no bathroom breaks. If you need to go to the pisser, your session is over.

No legal copies and legal visits hinders our access to courts, but I suggest sending an I-60 in and getting a denial on paper even if you don’t need a jailhouse lawyer. Then, if you loose your case you can say this was because you didn’t have your “helper.” Johnson v. Avery, 393 U.S. 483, 490(1969) says you have a right to get legal help from other prisoners unless the prison “provides some reasonable alternative to assist inmates in the preparation of petitions.” And if they are still retaliating after that, make sure you got a lot of witnesses. It is a federal crime for state actors (the prison officials) to threaten or assault witnesses in federal litigation 18 U.S.C.§1512(a)(2).

In ULK 76 you printed an article by the Connally Committee of Texas T.E.A.M. O.N.E. titled “Connally Unit Denying Grievances & Retaliating”. I cannot vouch for the retaliation from here in High Security, but as for not responding to grievances and being chronically understaffed, I can vouch for.

I filed 2 grievances back in early April and have had zero response to them. I found a good cite in Prison Legal News June 2022 edition. It says, “A prisoner’s administrative remedies are exhausted when prison officials fail to timely respond to a properly filed grievance.” (Haight v. Thompson 763 F. 3d 554 (6th Cir 2014)) According to this, if they do not respond to our grievances we can go on to a §1983 Civil Action.

My suggestion to TEAM ONE here at Connally is to go ahead and file §1983 Lawsuits with hand-written copies of your Step 1’s and try to file a Step 2. But your remedies are exhausted when TDCJ fails to respond to your grievances. They have 40 days to respond to a Step 1 or file an extension. If it has been more than 40 days and you have no answer, your administrative remedies are exhausted. I’m sending a handwritten copy of my Step 1 into the District Court this week. They will file, stamp it and assign it a document number and I’ll use it as evidence in my case.

As far as being understaffed, I can certainly agree with the writers of that article. Every end of the month into the first of the month this place is a ghost town. We are locked in our cells and fed sack lunches.

We did recently win a small victory as far as the grooming policy goes. AD-03.83 & SM-06.16 (Rev5) were updated on 10 May 2022 to allow male prisoners to grow long hair and wear pony tails. There were a lot of §1983 lawsuits pending on this subject. I’m still not totally satisfied with the updated policy because TDCJ reserves the right to force cut our hair for disciplinary reasons and they do not do this to the women. Growing our hair is a religious right, not a privilege to be revoked so I still have it listed in my lawsuit.

I write this in an effort to educate and bring into understanding one successful method of overcoming malfeasant administrators at their own game when they write a fraudulent disciplinary case on you – even though your actions fail to fulfill the elements of the charged offense while the Agency staff lie in support. Utilizing the Time Lapsed Video (TLV) camera footage evidence when cameras are installed on your unit.

In brief: After gaining authorization from the Floor-Boss I zipped upstairs to another cell, delivering a legal document (E.D.-02.01 TDCJ Ethics Policy) to an inmate. Within six second, I was back on the One Row Run. The units O-3 (warden) confronted me upon my coming down ordering me to return to my cell (we were being let out to go to showers).

In the course of returning to my cell of assignment, I encountered the Floor Boss going the other way. I asked him to inform 0-3 that he had given me permission to deliver the document to another cell as we passed each other. Three seconds later, this 0-3 came up from behind me grabbing my wrist and puts handcuffs on me while proclaiming “I’m tired of you ‘Mother Fuckers’”. While walking me the rest of the way to my assigned cell: the 0-3 yanked the cuffs backwards, forward and side-to-side in efforts to get me to go off – too smart for the 0-3: I didn’t go off.

I immediately filed a grievance against this 0-3 for Non-Provoked Aggravated Excessive Use of Force, implementing penal codes, PD-22 Rules, and E.D.-02.01 “TDCJ Ethics Policy” standards in slamming this malfeasant warden.

Nine days later: following the 06-01 “Grievance Investigation Sheet” was presented to this 0-3 the warden initiated disciplinary charges against me claiming that I was Out-of-Place and Created a Disturbance. Yeah, done in retaliation. Success demands that I be found guilty; and my Grievance was shot-down by the unit’s 0-2 warden.

Thirty four days after the occurrence (the time limit is 30 days) the administration illicitly ran this disciplinary case – taking four & 1/2 hours – where the C.O. I called as a witness in my defense was blatantly compromised (suborned) by the 0-3, the charging officer. on camera in front of me and several others.

After a 30 minute conference with the Hearing Officer: The C.O. came and got me to return to the hearing officer’s office. Where the C.O., of course, lied while supporting the lies of the 0-3’s that ensued.

At the hearing as well as in my grievance I repeatedly gave notice that the TLV, when viewed, will show absolute support to all my standings while revealing the malfeasance of this 0-3. At no time did the disciplinary hearing officer view this TLV footage evidence. The video was acknowledged, yet, misrepresented by my counsel.

Of course I was found guilty, maxed-out on the punishments, G-5ed, and then I was shipped to another unit. Being the hardheaded individual that I am, while knowing I am not guilty of the lies I was charged with, I filed in the local Judicial District Court for an injunctive order and successfully gained an order from the court directing the TDCJ’s Executive Director to ensure that the TLV footage evidence of the occurrence; with the suborning of the C.O. video, be preserved and not done away with. The Court bench warranted me for this action.

By the time I finished processing back into the TDCJ the disciplinary hearing’s guilty finding was – miraculously – overturned. Who’d of thunk!?! Presently, in that same District Court, I have filed a Cause of Action against the TDCJ Agency for retaliation. Naming each person involved in this fraudulently run railroading of that case premised solely on lies and retaliation. Naming each individual as “Persons of Incident.”

You see, all too often, the TDCJ Agency will: in the course of “Taking Case of Our Own,” intentionally ignore the TLV footage evidence. Herewith, I have figured out how to force them to acknowledge the video footage evidence as well as achieving accountability for their illegal conducting: getting liability to duly attach on their heads.

The TLV cameras are there to record the truth. I here have opened the door so many have overlooked. Use the cameras to reveal their malfeasance in office. For a small donation I am certain that MIM will be glad to forward a printing of the TDCJ E.D.-02.01. The Ethics Policy is an extremely powerful Executive Directive when quoted in your grievance. It scares them so much that they removed it from the Law Libraries Holding’s list back in 2015.(1)

^{notes: 1. for a list of documents not being provided on the law libraries holdings list, see Censorship of TBCJ, TDCJ Policies, Procedures and Rules}

With just a month remaining before the first series of actions around the Juneteenth Freedom Initiative, we have received reports of repression of activists by the Texas Department of Criminal Justice(TDCJ).

One of the hearts of this campaign comes out of the brutal Allred Restrictive Housing Unit(RHU) where people have spent decades in isolation. We’ve recently learned that one organizer at Allred hasn’t received half a dozen letters we’ve sent em over the last few months. Eir outgoing mail is also delayed or gone missing. This mail tampering is illegal. We wrote the warden of Allred to stop this censorship.. If he doesn’t stop it, we know this political repression is intentional from the top of the TDCJ to suppress our boycotting of Juneteenth.

We are asking others to join our letter writing and postcard campaign in support of the rights of MIM Distributors and these activists in Allred to freely communicate. The pdf below can be downloaded, printed on card stock and cut into four postcards. Then you can ask people to sign them, put a postcard stamp ($0.40) on them, and drop them in a mail box. Over the next couple months we want to show TDCJ that people outside are paying attention and supporting the Juneteenth Freedom Initiative. This is one way to do that. You can also call Warden Jimmy Smith @ (940) 855-7477 (**069).

Stevenson Unit in Texas has also stepped up censorship related to materials about the Juneteenth boycott. The TX Team One Primer was censored for the reason:

“Page(s) 4 contains information advocating prison disruption.”

Prisoners are very limited in what they can do when their grievances are ignored. Most actions will lead to repression. A boycott is the most passive action. There are no calls to violence nor do the plans threaten security in any way. Just a peaceful demonstration of solidarity, demanding some basic humyn rights be applied in Texas prisons. Yet this is being outlawed by the state.

Even worse, in eir most recent update, one comrade in Stevenson reported that:

“last night I was placed in handcuffs and marched off to solitary confinement, the place from where I currently write. I woke this morning to find I’m being charged with 2 new rules violations: 1) Attempt/threat to assault a correctional officer and 2) Assault of a correctional officer.”

There was no assault. In fact this comrade is not even supposed to be housed on the second floor because of eir health conditions. Ey believes this is retaliation for the appeals ey filed against the censorship of literature sent by MIM Distributors. Meanwhile, MIM Distributors was not given the opportunity to appeal, and only received the final decision from TDCJ.

As our comrade in Stevenson Unit so eloquently concluded,

“They will never succeed in snuffing out my flame and their attempts to silence the truth only causes it to roar even louder! They cloak themselves in legitimacy and the trappings of power because deep down they know they are weak and the system is crumbling – to be swept aside along with all the silly liberal reformers and we build a better world over their ruins, a new society based on equality and respect and compassion and truth and justice and”love” – a human society fit for fully involved and determined human beings at peace with themselves, each other, and the world around us.”

Organizing is spreading around the Dillard v. Davis, et al. Civil Action No. 7:19-cv-0081-M-BP lawsuit against the Texas Department of Criminal Justice’s use of long-term solitary confinement. Prisoners held in Allred Unit, ground zero for the Restrictive Housing Unit, and Michael Unit have filed motions to join the class action suit.

A comrade in Stevenson Unit wrote to say that there are only 12 restrictive housing cells there and they are only used very short-term. But ey is sharing the motion and other campaign materials with contacts inside and outside to support those in RHU fighting for their humyn rights.

Shutting down long-term solitary confinement is one of the key campaign demands of the Juneteenth Freedom Initiative, calling for a boycott of Juneteenth until real freedom is attained in this country. The lawsuit points to the irreparable harm on mental health caused by long-term solitary.

Anyone who is in a Restricted Housing Unit in Texas can use the linked example motion to join this lawsuit. The motion should be sent to all three addresses listed at the end of the attached PDF. Please download and distribute to those you know in Texas torture chambers!

28 May 2022 UPDATE from Tx TEAM ONE member - Telford Unit: I have submitted my interest in becoming a co-plaintiff to all inhumane conditions in all Ad-Seg/RHU buildings, especially on this unit, and the inhumane/treatment and living conditions endured by all alleged STG prisoners. Because for almost forty (40) years, those of Us that are considered STG’s have been in these living conditions.

I have already written to the Eastern and Northern Districts, United States District Courts. And I have also written to the United States Department of Justice.

Greetings Comrades.

Imagine a lawsuit attacking the constitutionality of the Texas Parole System being filed in every U.S. District Court in Texas, by 100 or more prisoners. Well this is exactly what the Khufu Foundation is attempting to do. However, it can only be done with MASSIVE Prisoner participation. The Texas Legislature does not meet again until 2023, and any hope of them changing this system is slim to none. Thus, it is up to the Prisoners to effect a change.

For the prison system to function constitutionally, there must be a system in place that works. The continuous rejection of parole based solely on the commitment crime does not justify the denial, and is constitutionally unacceptable. Thus, the Khufu Foundation is calling on those hundreds of prisoners who have been repeatedly set-off for 1D and 2D, SERIOUS NATURE OF OFFENSE and CRIMINAL BEHAVIOR PATTERN to file Civil Rights Lawsuits for Declaratory and Injunctive relief.

Every human, town, state, and country has a History. History is a fact that can never be changed, but redeemed. What is rehabilitation? It is a redemption of a past history of conduct. The Texas Legislators claim that incarceration “is the punishment” for the crime committed, and the parole system is the rehabilitation. Yet, without a workable parole system, without the intervention of “Board Members”, a prisoner is continuously punished by the system which is unworkable. The fact is, the Texas Parole Board needs to be dismantled and replaced with a workable Parole System. The Khufu Foundation has compiled a Template Lawsuit based on the following, along with a Memorandum of Law:

“While the U.S. Supreme Court has not defined the minimum process required by the Due Process Clause for a denial of parole under the California system, it made clear that the requirements were satisfied where the inmates were allowed to speak at their hearings and to contest the evidence against them, were afforded access to their records in advance, and were notified as to the reasons why parole was denied.” – see Pearson v. Muntz, 639 F.3d 1185.

I am the Plaintiff in the lawsuit against members of the TBPP, as well as the litigator in another cause against them: Hicks V. TBPP, 6:22cv134 Armour V. TBPP, 6:22cv33 in the Eastern District-Tyler Division. This is an update to enjoin each of you who read this and have received multiple set-offs to file your own lawsuit and/or file motions to join these. Also, know that there has been an order to Replead issued in Armour v. TBPP with the Court alleging that TBPP is protected by the Eleventh Amendment. Thus, I urge you to name Chairman David Gutierrez and Rissie Owens as defendants.

I will be arguing that the TBPP is not protected by the 11th Amendment in light of the Ex Parte Young doctrine, which states:

“In determining whether the doctrine of Ex Parte Young avoids an 11th Amendment bar to suit, a federal court need only conduct a straightforward inquiry into whether the complaint alleges an ongoing violation of federal law and seeks relief properly characterized as prospective.” Const. Amend.11 - See Verizon MD. Inc v. Public Service Commission of Maryland, 535 U.S. 635, 122 S.Ct. 1753 and McCarthy ex rel Travis V. Hawkins, 385 F.3d 407, 412 (5th Cir. 2000)

Next, please find enclosed my letter to the Court in F. Martinez, et al., v TBCJ, et al., 3:21cv337. Please send a copy of my letter along with my name to the Plaintiff in this cause for it is very important that he not settle unless he gets something in writing from the Court. TDCJ will rock one into believing they are going to do the right thing; and they will do the right thing for just long enough for you to think all is well until one of their people violates someone then you find out there is nothing in writing that binds them. Examples: Ruiz and Brown.

The Khufu Foundation is currently seeking to hear from those who have been repeatedly set-off, and is asking them to file this lawsuit. If you would like a copy of this lawsuit, send a SASE and 3 stamps to:

MIM(Prisons) adds: We do not know anything about the Khufu Foundation and cannot vouch for them if you choose to send them stamps. However, this campaign for parole reform is in line with some of the demands of the Juneteenth Freedom Initiative and we thought some of the legal strategies herein might be useful to others. We are not lawyers. We are revolutionaries.

As revolutionaries MIM(Prisons) does not spend time working for parole reform. We do work to build independent institutions such as our Re-Lease on Life program to help comrades be successful and stay involved in the struggle when they are released. If you have an upcoming release date or parole date, it’s never to early to start working with us.