The Voice of the Anti-Imperialist Movement from

Under Lock & Key

Got legal skills? Help out with writing letters to appeal censorship of MIM Distributors by prison staff. help out
[Campaigns] [Abuse] [Censorship] [Civil Liberties] [Download and Print] [Kansas]
expand

Downloadable Grievance Petition, Kansas

Kansas Grievance Petition
Click to Download PDF of Kansas Petition

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

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

Secretary of Corrections
Landon State Office Building
900 Jackson, 4th Floor
Topeka, KS 66612

United States Department of Justice - Civil Rights Division
Special Litigation Section
950 Pennsylvania Avenue, NW, PHB
Washington, D.C. 20530

Office of Inspector General
HOTLINE
P.O. Box 9778
Arlington, Virginia 22219

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

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


PDF updated October 2017

chain
[Civil Liberties] [Gang Validation] [Security] [New York] [ULK Issue 41]
expand

Beware of Gang Intelligence in New York

In New York what you call “gang validation” is called “gang intelligence” and every prison has at least one sergeant who works on it full time.

Alleged gang members are very often self-identified by foolish displays of colors, flags, and wacky writings found on cell searches. Sadly, many are not real gang members in any substantive sense, but foolish young wannabes who are horribly manipulated by “gang leaders.” In New York, and likely everywhere, nearly all “gang leaders” are really collaborators of the worst, most manipulative kind, and they are nearly all rats. It’s pretty easy for the “gang intelligence sergeant” to look good when the leader gives him a written membership list! Which doesn’t have to be at all accurate, of course.

The biggest gang intelligence tool is the phones – New York State prisons record 100% of phone calls on digital hard drives. Obviously, there are not enough ears to listen to 80,000+ prisoners all the time, so they just sample or review a particular prisoner’s calls. Or they may review calls to a certain phone number by multiple different prisoners. And the authorities are very careful. They rarely make direct use of recorded calls to nail minor offenders. I know about the extent of the monitoring because I double-bunked with a guy whose ex-girlfriend’s new boyfriend was beaten up very badly. My bunky was questioned harshly and almost charged based on calls going back two years. Another man, who I worked with, a defrocked politician, got six months in the box, when “they” had it in for him, based on year-old recorded conversations.

A technical note: hard drive voice recording costs about 1 cent per hour once the system is set up. Put another way, it would cost more to have someone periodically erase old recordings than it costs them to keep them indefinitely.

From snippets of phone conversations I’ve overheard while making my own calls, nearly all prisoners are lulled into complacency and extreme carelessness by the authorities letting little transgressions slip by while they wait for the really useful information.

In New York, men identified as gang affiliates go to the most miserable prisons which have the fewest educational and remedial programs (nearly zero). Young, generally terrified, totally uneducated men get no help. I call them “five centers,” just empty recyclable cans. Recidivism is good for job security. Just like a hotel or restaurant, prison employees make real money on repeat customers.

Another method is to record the information on the outside of mail. I happen to know Green Haven Correctional Facility was doing that big time (probably related to Muslim prisoners). Authorities look for multiple prisoners written from or writing to the same address. Same game with phone numbers. It’s not likely ten guys have the same wife or grandma.

Regarding the petitions advertised on page 12 of Under Lock & Key, please be very careful. Petitions from prisoners are completely illegal in New York. A clear constitutional violation which has, unfortunately, been allowed by every level of New York and federal courts. Please find another word, at least, and please don’t encourage more than one signature on any piece of paper, or multiple letters mailed together. Anything considered a petition in New York is a quick bus ride to a six-month box stay.

I do not mention anything in New York out of admiration. It’s the worst and sometimes the best because they spend (waste and steal) the most. The real fixes are real pay, real freedom, not the phony kindness of the dictator. The most distressed prisoners must get the most help, not the least. The gangs exist mostly as a tool of domination and manipulation – in the larger view they are created by and for the system, not combated by the prison system. The only usefulness to my mind of somewhat better practices in New York prisons or elsewhere is that New York’s practices may temporarily help men’s arguments in other states.


MIM(Prisons) responds: There are people out for themselves in all prisons, who will sell out their fellow prisoners to the guards. But we would not categorize all so-called “gang leaders” as collaborators. No doubt some are, but some are working with lumpen organizations that have a genuine interest in the anti-imperialist fight. We need to judge each individual for their own actions and political line. Similarly we judge each organization in the same way.

This comrade correctly points out the many difficulties prisoners face with secure communications and general security of self-preservation. As we’ve written in the past, secure communications are a critical part of self-defense at this stage in the struggle. Everyone needs to be conscious of the many ways the imperialist state can monitor our work and communications. The Amerikan public knows that all its communications are being monitored now, and prisoners should be under no illusion about theirs.

Along those lines, comrades in New York should take heed of this warning about petitions. At the same time, we should not be scared into complacency. Petitioning the government is a basic right guaranteed by the First Amendment of the Constitution of the United States, which reads, “the right of the people… to petition the Government for a redress of grievances.” So while we should be strategic about using petitions in conditions where they have been used as an excuse for political repression, we must fight these battles for basic civil rights for the imprisoned population in this country. MIM(Prisons) will work with comrades in New York to push this battle further.

chain
[Download and Print] [Civil Liberties] [Censorship] [Abuse] [Campaigns] [Texas]
expand

Downloadable Grievance Petition, Texas

Texas Petition
Click to Download PDF of Texas Petition

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

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

TDCJ Legal Affairs
Attn: Leonard Peck
P.O. Box 99
Huntsville, TC 77342-0099

TDCJ - Office of the Inspector General
Investigations Department
P.O. Box 4003
Huntsville, TX 77342-4003

United States Department of Justice - Civil Rights Division
Special Litigation Section
950 Pennsylvania Avenue, NW, PHB
Washington, D.C. 20530

Office of Inspector General
HOTLINE
P.O. Box 9778
Arlington, Virginia 22219

State Bar of Texas Grievance Commission
1414 Colorado
Austin, TX 78701-1627

ACLU of Texas
William Harrell, Executive Director
P.O. Box 3629
Austin, TX 78764-3629

Committee on Criminal Justice
P.O. Box 12068
Capitol Station
Austin, TX 78711

Governor Greg Abbot
1100 San Jacinto
Austin, TX 78701

TX Civil Rights Project
Attn: Atty Scott Medlock
1405 Montopolis Dr.
Austin, TX 78741-3438

Brandi Grissom
Texas Tribune
823 Congress Ave., Suite 210
Austin, TX 78701

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

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

Petition updated September 2011, January 2012, July 2012, January 2013, October 2013, August 2014, October 2017, and March 2024

chain
[Censorship] [Security] [Civil Liberties] [South Carolina] [ULK Issue 39]
expand

Facebook Shuts Down South Carolina Prisoner Accounts

facebook in prisons
I have initiated this correspondence in reference to the most recent arbitrary action taken by the South Carolina Department of Corrections (SCDC) that infringes upon the First Amendment rights of incarcerated, and non-incarcerated, citizens. The First Amendment of the United States Constitution states that:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”

However, the SCDC, which is not even a legislative body, has implemented a policy that impedes and infringes upon the constitutional right to freedom of speech in violation of the First Amendment of the U.S. Constitution. The following offense was amended to SCDC Policy OP-22.14, Inmate Disciplinary System:

“905 Creating and/or assisting with a social networking site: The facilitation, conspiracy, aiding, abetting in the creation or updating of an internet web site or social networking site.”

This SCDC policy has resulted in Facebook, a social networking site, taking the following arbitrary action on accounts created by, or on behalf of, prisoners within the SCDC:

“Your account is locked because it doesn’t comply with inmate regulations. People who are incarcerated may not be eligible to use Facebook if:
* It is prohibited by state law or regulations of the facility
* The account is being maintained by someone else”

These actions on the part of the SCDC and Facebook are of significant public interest due to the fact that they prohibit non-incarcerated citizens from exercising their First Amendment right to be able to create and update internet websites and social networking sites, utilized to advocate for family and legal support on behalf of their incarcerated family members or loved ones. Further, these actions by the SCDC and Facebook prohibit non-incarcerated citizens from being able to publicize the conditions, and rehabilitative efforts, of their incarcerated family members and loved ones. Such decisions by the SCDC do not serve any “legitimate penological interests” and are in direct conflict with any rehabilitative and re-entry agenda. Most importantly, they are violating non-incarcerated citizens’ First Amendment rights to free speech.

The SCDC may cite “security concerns” but this is not a valid response. To prohibit the creation and/or updating of all websites and social networking sites by, or on behalf of, any prisoner within the SCDC is not a sound defensible position. It would effectively negate the hundreds of prisoners who want to establish a true re-entry plan or proceed on a path of rehabilitation. It would also prohibit non-incarcerated citizens from exercising their First Amendment rights to free speech. In addition, it would punish prisoners for the exercising of this protected right by non-incarcerated citizens.

In a similar case, the U.S. District Court, District of Arizona, decided against such policies and made the following ruling:


“Prisoners may not be punished for posting material on the internet with the assistance of non-incarcerated third parties.” Canadian Coalition Against the Death Penalty v. Ryan, 269 F. Supp. 2d 1199 (D. Ariz. 2003).

My family created and updated a Facebook account on my behalf to advocate for the support of my family and friends, and to publicize my conditions of confinement and rehabilitative efforts and progress. Facebook has locked that account due to SCDC’s arbitrary policy. My family and I are preparing to take legal action against the SCDC, because although they can limit the rights of prisoners due to “legitimate security concerns,” they do not have the legislative power to impede upon non-incarcerated citizens’ rights.

My family and I would be grateful for any aid and assistance, or referrals, that any individual citizen, or group of citizens, may be able and willing to provide. We would respectfully request that everyone help in publicizing this issue, because there are many citizens who are unaware of the fact that they are affected by it. I thank you all in advance for your time and assistance.


MIM(Prisons) adds: We know that many prisoners and their families and friends make use of social networking sites like Facebook to publicize their case and garner help and support. This attempt by SCDC to further limit prisoner’s voices comes as no surprise after they banned literature coming from outside sources a few years ago. We have seen an upswing in prisoner activism in South Carolina over the past year, and this policy suggests the prison will do whatever it can to restrict these activists from getting word out about the abuses and injustice going on behind bars.

We know that social networking sites like Facebook are not going to form the basis for successful revolutionary struggles, and that we must build independent institutions of the oppressed, whether online or elsewhere. Yet even that would not address the threat of punishment against prisoners for providing information that is posted online, the basis of this very website. So we stand behind this prisoner’s fight and agree that SCDC does not have the right to impose these restrictions. Meanwhile, we call out Facebook for playing along with regulations that shut down the free speech of prisoners and their family and friends.

chain
[Organizing] [Boycott] [Civil Liberties] [Virginia] [ULK Issue 39]
expand

Virginia Prisoner Punished for Organizing

I am in receipt of your introductory letter to the Prisoners’ Legal Clinic and a copy of my edited article that’s published on your website. Since the publication of the article, the prisoner who had previously been denied schooling is now enrolled. Your efforts and exposure had a positive impact!

Unfortunately, the other materials you have sent, Under Lock & Key, the study group materials, etc., continue to be censored. I’m awaiting the final decision of the Publication Review Committee, so I may send you their notice should you choose to file a lawsuit challenging the censorship.

With the appeal of my conviction for Encouraging a Group Demonstration being decided against me, I am not permitted a prison job. While I did not expect a favorable decision, I was stunned that the final arbiter explicitly admitted that I am punished, “Not for what you did, but for why you did it.”

Of course the U.$. Constitution guarantees freedom of belief and speech. And the United Snakes Supreme Clout whose “justices” are the final interpreters of the constitution of the United Snakes have repeatedly ruled “[N]o citizen may be punished for his beliefs but only for his actions.”

My point is, I was “convicted” inside the gulag for “encouraging prisoners to refrain from commissary purchases.” This action is not a violation of the rules because no prisoner is required to purchase commissary. So the reasons that I encouraged prisoners not to purchase commissary - or my beliefs - are supposed to be immune from punishment. Yet the Virginia Department of Corruptions explicitly stated I was punished not for what I did but for why I did it.

I’m having the decision of the Virginia Department of Corruptions reviewed by some associates for consideration of filing a lawsuit. But to be frank, it has been my experience that for a prisoner in the gulag, the Constitution of the United States is most useful only when my roll of toilet paper is empty.

A paper document has no power. Ask the crime victims who’ve been beaten by the perpetrators who stepped across the boundaries of the “protective orders.” Ask the black and brown people of the south who were beaten for voting even when a piece of paper stated this harassment was unlawful. The Constitution of the United Snakes says we have protected liberties, but the festered minds of the so-called “justices” are filled with pus, and they repeatedly ooze phrases telling us prisoners that the Constitution really does not say what is written therein. These pus-filled minds are fond of saying, in the prison context these god-given rights for humanity are subjugated to the objectives of the go-vermine-ment.

Think about that, my friends. Supposedly, the Constitution of the United States grants the God-given liberties that are basic and essential to human life, but those liberties are permitted in prison only as long as they are not contrary to a legitimate government objective. (read Thornburgh v. Abbott, 490 U.S. 401 (1989)). By implication, this means the government has objectives that are contrary to what is basic and essential to human life.


MIM(Prisons) adds: This prisoner’s report comes in as we are building for the September 9 Solidarity Demonstration this year. This day of peaceful unity and protest, commemorating the date of the Attica uprising has resulted in punishment of participants in past years. We cannot let them frighten us into inaction, but organizers need to take account of local conditions when deciding what actions to take on September 9. Prisoners can write to us for the September 9 organizing materials, which includes some background on the Attica uprising.

chain
[Environmentalism] [Philippines] [Civil Liberties] [ULK Issue 39]
expand

Hundreds of Environmental Activists Murdered

Global Witness killings of environmental activists
A new report from Global Witness documents over 900 assassinations of people protecting the environment and rights to land in the last decade.(1) And this is just the ones they could find information on, meaning the real number is higher. Of course, none of those killed were from the First World. The big countries in the report were Brazil (448), Honduras (109), Philippines (67), Peru (58) and Colombia (52). The killers have been prosecuted in only 6 of the 908 cases. The report also suggests that this is a growing phenomenon, which seems plausible given the heightening contradictions between the demands of capitalist production and the capacity of the natural world to maintain the balance of systems that are necessary to sustain life as we know it.

In the past, some have painted environmentalism as a concern of the First World. However, this has never really been true, as it is the most oppressed people who have suffered and struggled against the most extreme man-made disasters. And the threat that their struggles pose to the capitalists’ interests is highlighted by this list of assassinations; people who were mostly killed in cold blood, a fate those in the oppressor nations know nothing about.

There is a concentration of murders in the tropical countries, where vast rain forests with some of the greatest biodiversity on the planet are making what could be their final stand. Long a source of natural resources, in recent decades these forests have been leveled at an increasing rate that cannot be sustained. In such cases there is a clear connection between protecting the ecological functioning of a region and the national liberation struggle tied to land. These “untamed” lands are often the homes of peoples who have not fully been assimilated into the global capitalist economy. Often private property and land deeds do not exist in these areas, attracting the brutality of the exploiters. The people struggling to exist on these lands have a completely different perspective on what land ownership and stewardship mean.

Many of the reports of these assassinations can be discouraging, when we see vocal leaders of small indigenous groups gunned down by paid assassins of the capitalists and no one is held accountable. But this war does have two sides. In many of the hotspots in this report there are strong organizations that have mobilized indigenous people to defend their lands. One of those examples has made some headlines recently in the Philippines. The revolutionary forces in the Philippines have called for a ban on logging because it has impoverished the indigenous people and peasantry, making them susceptible to environmental disasters as we saw last November with typhoon Yolanda. The New People’s Army (NPA) is exerting dual power in putting this ban into effect by engaging in gun battles and arresting members of the military of the U.$. puppet regime that defend the logging companies.(2) In a separate campaign the NPA recently stormed Apex Mining Company, torching their equipment.(3) This is one of many mining companies they have targeted due to the destruction they wreak on indigenous lands and humyn health. This connection between the struggles of the indigenous people and peasantry, the environment and land is nothing new for the Communist Party of the Philippines as was documented in the decades old film Green Guerrillas.

While most pronounced in the Third World, ecological destruction threatens all humyn life and continues to be a growing rallying point for progressive forces in the First World as well. Maoists must tie this work to a realistic class analysis and link the struggle to protect our environment to the struggle for national liberation of the oppressed. A true revolutionary ecology must engage the workings of a system that has assassinated well over 900 innocent people for trying to protect the world that we all live in.

chain
[Civil Liberties] [Hunger Strike] [Gang Validation] [Lanesboro Correctional Institution] [North Carolina]
expand

Denial of Constitutional Rights to STGs Spreads to North Carolina

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

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

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

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

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

This article referenced in:
chain
[Legal] [Censorship] [Civil Liberties] [Control Units] [Arizona] [ULK Issue 37]
expand

Fighting for Useful Legal Counsel in Arizona

end solitary confinement Arizona
The American Civil Liberties Union (ACLU) picked up my pending case challenging inadequate medical services and unconstitutional conditions of confinement in 2011. We’re expecting a trial date in 2015. We are attempting to force Arizona Department of Corrections (ADC) to change its policy and practice of housing the mentally ill in isolation for extended periods of time. State prison is extremely poor, prisons are understaffed and riddled with security flaws. I am an adamant critic and am vocal about its policies and practices, therefore the administration has made my life here in prison severely difficult.

I am also working on my criminal convictions. I’ve navigated myself through multiple tiers of appeals. I really had a hard time exhausting all my state remedies in the Arizona State Courts. It took me almost eleven years to figure out, but most recently I filed my first federal habeas corpus petition in Arizona Federal District Court. I am requesting that the federal court appoint me a lawyer to investigate the possibility of state judicial corruption against the Tucson Police Department and the Pima County Attorneys Office. Last week I filed a Writ of Certiorari. This is a petition to the United States’s highest court; they only address issues involving “Constitutional magnitude.” I’m asking them to resolve the Constitutional question that was left open in Martinez V. Ryan, 623 F.3d 731, 132S.CT1309(1023) of:

“Whether a defendant in a state criminal case has a federal Constitutional Right to effective Assistance of Counsel at initial-review-collateral-proceedings specifically with respect to his ineffective-assistance-of-trial-counsel-claim.”

Because state law does not mandate Effective Assistance of Counsel during a convicted criminal’s Initial-Review Collateral Proceedings (Ariz. R. Crim. P. Rule 32), I’m able to believe that prisoners in Arizona are being discriminated against because they’re indigent and cannot afford effective counsel during their Initial-Review Collateral Proceedings. The United States Supreme Court only takes 3% of the cases filed each term, so the odds of them taking my case is nil, but imagine if they did. WOW, this would mean that a pro se litigant would have molded the law to conform to the needs of the oppressed here at the very bottom of society’s heap. A person is only as big as his dreams.

Fortunately, it does not end there. A Section 1983 Civil Rights Action prohibits a state from discriminating pursuant to the Fourteenth Amendment to the United States Constitution, which provides that:

“No state shall… deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the Law.”

The clause is “a direction that all persons similarly situated should be treated alike.”(City of Cleburne V. Cleburne Living ctr, 4730 U.S. 432,439 (1985))

I am determined to build a strong campaign to gain Injunctive Relief in a class action seeking to remedy the Sixth and Fourteenth Amendment violations caused by Arizona Rules of Criminal Procedure Rule 32’s past and continuing operations. Our actions, even if successful, will not demonstrate the invalidity of our conviction or sentence, therefore Section 1983 Class Action is the proper vehicle.(Wilkinson v. Dotson, 544 U.S. 74,82 (2005).)

If you feel you were denied Effective Assistance of trial council, and a Fourteenth Amendment right to effective assistance of Appeals Counsel for your Initial-Review Collateral Proceedings because either you did not have an attorney during your first Rule 32, or your Arizona R. Crim. P Rule 32 Lawyer was ineffective for failing to investigate Trial Counsel claims and/or other substantial right claims during trial, it would be important to draft out a notarized affidavit outlining the facts in your specific case and send them to the addresses below. If we’re able to gain enough affidavits, then we could proceed to present these facts to a federal district court asking them to appoint class counsel and certify our case as a class action. All we can do is try! In Strength and Solidarity, Revolution!

Send your notarized affidavits to:


Arizona Prison Watch
P.O. Box 20494
PHX, AZ 85036

Middle Ground Prison Reform
139 E Encanto Drive
Tempe, AZ 85281

Arizona Justice Project
P.O. Box 875920
Tempe, AZ 85287-5930


MIM(Prisons) adds: Please note to not send your affidavits to MIM(Prisons). We do not have the resources to copy and mail your affidavits to the addresses listed above.

We commend this comrade on discovering loopholes in the legal system and attempting to remedy them to the advantage of the most oppressed in this country. We encourage comrades in Arizona to participate in this effort to provide more legal support to prisoners in the state (at least on paper).

And we must remember that our struggle cannot stop there. While a successful habeas corpus case may help a prisoner to be released, a release is only as valuable as what you do with your time when you’ve made it outside. A recently released comrade wrote of the challenges s/he will face after h parole, and the difficultes s/he will have in carrying out political work, even though s/he is supposedly now “free.” The trend toward individualism of general legal counsel is one reason why the MIM(Prisons)-led Prisoners’ Legal Clinic only works on issues directly related to expanding our ability to organize, educate, and build toward an end to illegitimate imprisonment altogether (i.e. communist society). We believe people should fight for their release, but that they also should struggle for the release of the world’s majority from the chains of imperialism.

Related to the topic of carefully selecting our battles, we have written extensively on the limitations of focusing on fighting housing mentally ill prisoners in long-term isolation.(1) Some shortcomings of this strategy are legitimization of long-term isolation for not-yet-mentally-ill prisoners, and the fact that long-term isolation leads to mental illness in prisoners even if they entered isolation with sound mind and body. Of course we agree with the principle that mentally ill prisoners should not be housed in long-term isolation. But we take it further to say that no prisoners should be housed in long-term isolation, and we see no value in selling out some comrades on this issue in order to save others; eventually everyone held in long-term isolation will suffer mental illness. Abolish the SHU!

chain
[Campaigns] [Civil Liberties] [California] [ULK Issue 36]
expand

Update on CA Grievance Lawsuits

I have filed a petition in Los Angeles County Superior Court on the inadequacy of the grievance procedure in California prisons. I’ve also written letters to the California Attorney General’s Office, the LA County District Attorney Office, the Governor’s office and various media outlets in order to seek their assistance in forcing the California Department of Corrections and Rehabilitation (CDCR) staff to honor their own policies and regulations. All of my above efforts were to no avail.

The LA County Superior Court ordered an informal response when I filed my petition. The California Attorney General’s office assumed the position of respondent to my petition and asked for an extension of time to reply to my petition, and then they failed to meet even that deadline. Before the Attorney General replied, the court denied my petition stating that I was not in compliance with the grievance procedure, despite being unable to cite a single grievance regulation that I hadn’t complied with. This judicial abdication of CDCR staff lawlessness is routine in California state-level courts.

I had tried addressing the inadequate grievance procedure in the federal courts, by way of a federal civil suit that I filed against California State Prison - Corcoran. The ruling on this was that the CDCR’s violation of their grievance procedure does not create a federal constitutional violation, basically saying that the due process clause is meaningless. The case is now pending in the 9th Circuit Court of Appeals, case number 12-17419.

My “take-away” from my efforts so far is that in dealing with these government types (da pigs, bureaucrats, politicians, government, attorneys, etc.) in general, you’re up against brazenly socioeconomically biased, unreasonable, spiteful, hypocritical, out-of-touch, legitimized sociopaths. They work together to justify clearly unlawful behavior, and are adverse to a system of legitimate checks and balances. They see barely disguised partiality, in the disposition of their duties, as reasonable and good. We see evidence of this daily. I mean, the recently exposed NSA spy program is beyond any reasonable dispute a violation of the Fourth Amendment, yet they go on unapologetically violating the same constitution that they claim to cherish, absolutely Orwellian with the “double-think.”

What irritates me even more is the public’s complacency in the face of this brazen tyranny by this nation’s power elite. The Declaration of Independence states that it is not only a right, but a duty for the people to replace a lawless government. When will we honor that duty?

Thank you for your time, consideration, and your work performed on behalf of the people.


MIM(Prisons) responds: We agree with this comrade’s conclusions, and of course, we harbored no real expectations of action from the bureaucrats’ offices and courts going into this campaign. This is why we constantly stress the need to organize people around these demands. The pigs are not usually going to do something just because it’s right. They are more likely do something when they are pressured to do it. And pressure can only be applied when prisoners are organized for their common interests.

This is class struggle of the imprisoned lumpen against the bourgeois classes. When this struggle does not exist, our so-called “rights” under bourgeois democracy disappear, demonstrating that they never really existed in their own right. That is why we don’t hesitate to report this comrade’s failures, because they underline that important lesson. They also allow us to highlight the real victory in the grievance campaign, which is prisoners across many states acting in unison, sharing information and strategizing. Our strategies around this campaign need to keep the big picture of the balance of power in mind so that we do not get lost in an endless cycle of give and take with the pigs.

chain
[Legal] [Civil Liberties] [Connecticut] [ULK Issue 35]
expand

Connecticut Prisoners Lack Access to Legal Info

“The Supreme Court of the United States has held that the Constitution of the United States only requires a state to provide its inmates with access to a law library or access to persons trained in the law. Bounds v. Smith, 40 U.S. 817, 97, S. Ct. 1491, 52 L. Ed. 2d 72 (1977). The choice of which alternative to provide lies with the state, not with the inmate. Connecticut has chosen to rely on access to persons trained in the law in order to comply with the requirements of Bounds.” - CT DOC form letter

One of the services that the Connecticut Department of Corrections offers to prisoners is the Jerome N. Frank Legal Services at Yale University. In a letter dated 17 November 2012 that organization responded to a comrade stating:

We received your letter requesting assistance. Unfortunately, this office no longer has the resources to provide information or representation to such requests.

This is similar to the situation in North Carolina where the state contracts with the completely useless North Carolina Prisoner Legal Service, Inc. But, as we know, in other states where law libraries are provided, the resources in those libraries are also grossly inadequate. Meanwhile, Bill Clinton’s Prisoners Litigation Reform Act seriously hampered the ability of prisoners to get their grievances heard in U.$. courts. For those interested in this law we recommend Mumia Abu Jamal’s book Jailhouse Lawyers.

Our response to all of this is two-pronged. The main lesson is that legal battles cannot win prisoner rights under imperialism. As Mumia exposes in his book, the belief that they can leads hard-working jailhouse lawyers to literally go crazy. To win, we must organize oppressed people to establish a joint dictatorship of the proletariat of the oppressed nations over the former oppressors. Under proletarian leadership, exploitation and oppression will become the biggest crimes, and prisons will become places for education and re-socialization rather than torture and isolation.

Our second prong is our Serve the People Prisoners’ Legal Clinic. This is our short-term strategy. We know that legal information is difficult to obtain in the current system, and that providing access to this information in a useful way helps oppressed people in prison to survive this system. Just be careful that our legal work does not help prop up the very system that oppresses us, as Mumia warns. If you want to help prepare and share legal guides for anti-imperialist jailhouse lawyers write in and ask to work with the Prisoners’ Legal Clinic.

chain