Under Lock & Key

My intentions here isn’t to give a dialectical and historical context of the relationship between today’s Lumpen Organizations (gangs) and past revolutionary movements, although there is an inextricable link between the two. The origins of today’s Lumpen Organizations (L.O.s) were strongly influenced by the original Black Panther Party (BPP) and other similar organizations. They were formed to uplift and protect their communities from outside threats, threats that were typically imposed by law enforcement and the U.S. government.

With the destruction of the BPP, combined with the influx of drugs and firearms within their already oppressed communities, members of these organizations were lured into “gang-bangin’” against each other and a fratricidal and suicidal criminal lifestyle that resulted in the abandonment of the ideals and principles that were brought forth and established by the organizations’ founders. Ideals and principles that mirrored those of the BPP and the Black Liberation Army (BLA). Today there are a limited few who diligently impress upon their “homies” the importance of espousing the organizations founding ideals and principles. Overall, a majority have been derailed from the organizations initial revolutionary path, which has been detrimental to the youth who romanticize today’s “gang” culture and their communities. Moreover, the absence of these ideals and principles has engendered a culture of disunity, violent competition, and the romanticizing of the “gang-banging” mentality, which renders us incapable of redressing the conditions we find ourselves subjected to within these razor-wire plantations.

There is no silver bullet or magic wand that can be used to magically expedite the transformation that must be made. Transforming the criminal mentality into a revolutionary mentality is a protracted process that demands accountability and rigorous educating.

i am dedicated to assisting with this transformation any way that i can. One way is to shed some light on the draconian policies and procedures that governs those of us who have been labeled “gang members,” labels known as Security Risk Group (SRG) or Security Threat Group (STG), so we can begin to seek redress to said policies and procedures.

Gang Validation Process

Those of us who have been validated as SRG/STG often suffer significant unfair prejudices due to the officers who are responsible for the validating opinions often basing these opinions on sweeping generalizations and stereotypes about “gang members” generally, unreliable methodology, and/or the officer’s racial bias.

Here in North Carolina the Department of Adult Corrections (DAC) has “certified” twenty-one alleged prison gangs as Security Risk Groups. Prisoners are validated as members of SRG’s by Prison Intelligence Officers (PIO) who are usually white, whose discretion reigns supreme in determining who is validated as SRG members and who isn’t. These subjective decisions lead to disproportionate validations of New Afrikan prisoners and those from other oppressed nations. A stark example of the racially uneven application of SRG validations is evident in the percentage of “white” prisoners who have been validated compared to New Afrikan prisoners. White prisoners make up 1.9% of the prisoners validated in NC prisons.

Around the world gangs are studied by those with specialized training in areas such as ethnography, anthropology, and psychology. In these fields, researchers are often subjected to ethical standards that warn against manipulating data to advance their personal objectives and required to employ social science field research best practices in relation to data collection, analysis, and interpretation. The officers responsible for validating prisoners are not held to any such ethical standards and lack the fundamental knowledge to determine if a prisoner is actually a SRG member or not.

The qualification, the degree of specialized knowledge for these officers to be qualified as “gang-experts” is particularly lacking. An officer can be qualified as a “gang-expert” after having only a couple months on the job, as long as they have some formalized training. You would think these “gang officers” would be required to demonstrate a basic overstanding of the complicated dynamics at issue where gang membership and behavior are concerned beyond stereotypes and prototypes, being that these validations subject prisoners to indefinite sanctions and restrictions that not only affect the lives of the prisoners but also the lives of the prisoners’ families.

These “gang officers” employ a worksheet which lists seventeen criteria for determining gang involvement, each of which is assigned a point value. Prisoners may be labeled as “suspects/associates” or “members”. A qualifying score is not difficult to achieve: prisoners bearing tattoos “thought” to signify gang affiliation and who socialize with “confirmed” gang-members may be regarded as members themselves.

False positives are likely to arise under this criteria, because while they may indicate a correlation with gang membership, they do not establish causation. Because gang membership cannot be reliably inferred from the factors aforementioned, these “gang officers” should not be allowed to opine about gang membership based on these factors alone.

Completed validation worksheets are forwarded to the NCDAC’s Chief of Special Operations, Daryll Vann, who reviews the worksheet, confirms that “relevant” documentation is attached, and validates the identifications. Prisoners who wish to contest the validation are not afforded the opportunity to do so. Prisoners receive no notice of their validation, no procedural due process, nor a periodic review that would enable the prisoner to have the validation removed. Therefore, prisoners who have been validated, remain validated for the duration of their incarceration and irrevocably are subject to SRG policy deprivations.

There are only two ways to have the SRG validation removed. There is a SRG program that’s accessible to a limited number of prisoners. It is a 9-month program at Foothills Correctional, a prison located in the rural mountainous region of Western NC. The staff employed there are exclusively white, live in race segregated communities and are out of touch with the cultures of the prisoners they oversee.

When these “gang officers” walk through the doors of the prison, many of them, knowingly or unknowingly, hold negative biases towards those who have been validated and those who don’t look like them.

The media perpetuates inaccurate narratives of violence, criminality, and dishonesty among racial minorities that many of these “gang officers” unknowingly internalize. It shows in how they interact and deal with the prisoners.

The DAC describes this program as being a program that “targets those beliefs (cognitions) that support criminal behavior ….” and seeks to shift the thinking that supports these beliefs. Prisoners who complete this program must undergo a debriefing and renounce their affiliation, if any, before the validation is removed. This program is not available to prisoners who have been labeled problematic.

The other way to have the validation removed is to complete your prison sentence and be discharged from NCDAC custody. Of the 1,343 prisoners released from NCDAC’s custody last year, 564 were alleged SRG members.

Draconian Gang Policies & Procedures

The ostensible purpose of the DAC’s SRG policies and procedures is to avoid prison disturbances supposedly fomented by gangs. Nonetheless it is obvious these policies and procedures have the effect of incapacitating significant numbers of prisoners and has cultivated an environment opposite from what prison officials claim to be “safer”.

Those who have been validated find themselves subjected to draconian sanctions and restrictions, such as being prohibited from receiving visits from anyone beyond immediate family. This excludes aunts, uncles, cousins, and the mother of your child(ren). If you have no immediate family members to accompany your child(ren) to visitation you will not be allowed to visit with them. Our childrens’ interests are not, as a matter of right, factored into SRG validation determinations. The fact that parent-child visitation can help children overcome the challenges of parental separation and reduce recidivism rates is well-documented. However, prison officials find it plausible to implement such a policy that prevents parent-child visits.

As with the prisoners who have been validated, New Afrikan children are the ones greatly affected by this policy. NCDAC has implemented this policy without any cognizance that such a restriction may implicate the parent-child relationship, which is typically subject to extraordinary protection by the courts. But yet this policy goes unchecked.

During my incarceration i’ve been unable to visit with my daughter due to me having no immediate family willing to accompany her. This has prevented her and i from developing a meaningful relationship. This is something that a majority of us are experiencing.

Moreover, this policy has an outsized impact on New Afrikan families and other members of marginalized communities who bear the brunt of mass incarceration.

Limiting a prisoner’s visitors to immediate family only effectively cuts a prisoner off from family members who may have raised them. As we know in marginalized communities there are an overwhelming amount of fractured families, where grandparents and others play the mother-father role.

Then there are the prisoners who were raised in foster care, who have never had the opportunity to meet their immediate family. There is no exception for foster care parents.

Although these restrictions are sometimes justified, they are being used indiscriminately without individual analysis.

On 19 February 2019, a policy was implemented that prohibited validated prisoners from receiving monetary support from anyone who wasn’t an approved visitor.

Prison officials claimed that this was done to curtail “Black Market” activities and strong arming. It’s not difficult to see how such a policy would increase said activities and, moreover, would create an environment where those who do have means of receiving financial support become victims of strong arming and other acts of violence.

This policy was implemented 8 months prior to now-retired Director of Prisons Kenneth Lassiter requesting more funding for security and control weapons. During these 8 months, violence amongst prisoners drastically increased, i know because a majority of the close-custody facilities were placed on lockdown due to the increased violence.

Validated prisoners are prohibited from attending all educational/vocational programs, compelled to serve idle prison sentences. They are locked in their cells virtually all of the time and otherwise maintained in extremely harsh conditions. Unable to have their custody level reduced to medium or minimum security. And job opportunities are non-existent. Common sense would tell prison officials that there are many reasons to believe that these policies and restrictions will produce unfortunate results both inside and outside of prison.

The Ramifications of these Policies

Motivated by an inaccurate conception of gangs and how they operate, the NCDAC has adopted policies that have enhanced group cohesiveness and the identities of gang-affiliated prisoners. These policies have promoted new gang connections for prisoners who, due to the difficulties inherent in gang identification, inadequate procedures and racial stereotyping, are misidentified. The validated prisoner tells emself “they think i’m a gang member, i might as well be one”. Of course these policies raise obvious moral and ethical questions. However, i would like to focus on how these policies make no sense from a correctional perspective. Even if these “gang officers” are creating or enhancing gang identities, why does it matter? Validated prisoners maintained in these locked down blocks, after all, are effectively disabled from committing acts of misconduct when locked in their cells.

Validated prisoners are denied access to visitation, financial support, transfers to medium or minimum custody, as well as parole. They have nothing more to lose so they are not deterred by any threat of punishment, what else can be taken from them? They have no incentive to refrain from gang involvement?

Aside from prison concerns, the impact of these policies’ ramifications will be felt most profoundly on the streets and communities to which these prisoners will return. As i pointed out, 564 of the 1,343 prisoners released from NCDAC’s custody last year were alleged gang members. In general, 96% of all prisoners return to society. To my knowledge there are recidivism studies focusing on gang affiliated prison releases, there is evidence that gang members may retain their gang identity upon their release. (see: Salvador Buentello et. al, “Prison Gang Development: A Theoretical Model”, The Prison Journal, Fall-Winter 1991, at 3.8.) Thus, these policies not only fail to enhance prison security, they also undermine public safety.

We Have A Responsibility

All across the United $tates, prisoners themselves are subjected to similar sanctions and restrictions under the guide of enhancing prison security. i’ve revealed how these policies target New Afrikan prisoners and others of the oppressed nations and how they effect not only the prison but their families and communities as well. We have the numbers, we have the capability and we have the know how to bring about change. But as Komrade George Jackson expressed:

“We all seem to be in the grip of some terrible quandary. Our enemies have so confused us that we seem to have been rendered incapable of the smallest responsibility. I see this irresponsibility, or mediocrity at best disloyalty, self-hatred, cowardice, competition between themselves, resentment of any who may have excelled in anything….”

Because of the inexorable nature of our overseers, nationwide demonstrations on the outside and within these walls is presently necessary if we are to correct the correctors.

We have united fronts such as the United Front For Peace in Prisons, the United Struggle Within (USW) and Prison Lives Matter (PLM). PLM is a united front for political prisoners, prisoners of war, politicized individuals behind the walls of these razor-wire plantations and their organizations, as well as any outside formations in union with the struggles of prisoners, that has made it possible for us to address and redress the inhumane living conditions we find ourselves subjected to. It’s on us to initiate the process, it’s on us to communicate and network with one another, to get on the same page, so we can unite a page in the history books.

A Call to Action

As we grapple with an expanding and increasingly repressive prison system here in North Carolina, any hope for change lays in perfecting ourselves – our physical care, intellectual acumen, and cultural proficiency – while simultaneously confronting our overseers. And as i aforesaid, “There is no silver bullet or magic wand that can be used to expedite the transformation that must be made.” We have a personal responsibility to contribute to the confronting that must be done.

Some of us don’t seem to know what side we’re on. We’re obsessed with near-sighted disputes based on race, gang affiliation and so on. We expend our energies despising and distrusting each other. All of this is helping the NCDAC. We permit them to keep us at each others throats. i am calling for unity. We out number them. Wake up!!! Put your prejudices, biases, and gang affiliation aside for the purpose of OUR fight with the NCDAC. i’m asking we start by submitting a grievance concerning NCDAC’s SRG policies and procedures (an example has been provided below).

Of course i’m not expecting and redress from submitting grievances. NCDAC’s Administrative Remedy Procedure process is ineffective and honestly a waste of time if you are seeking redress. However, i’ve not asked you to submit said grievance with hopes that NCDAC officials will correct their wrongs.

i’m currently in the middle of litigating a civil suit against NCDAC on behalf of all prisoners who have been validated as a SRG member. By submitting a grievance you will be supporting the claims i have made. Thusly i entrust you take the time and submit the following grievance:

Free The Land

Readers of Under Lock & Key, may this kite find you in the best of health and spirits. In the last issue, Spring 2024, No. 85, there was a request for prisoners to sign up for a petition and issues about no dayroom and yards. I have been down now 18 years in the Illinois Department of Corrections (I-DOC) and I want to help everyone who is seeking more out-of-cell time.

I filed a §1983 Civil Action about this topic, Patrick Bakaturski V. Director et al, 3:23-cv-03609-SPM, which is currently pending merit review in the Southern District of Illinois.

The basis grounds of the civil suit is that under all of the Covid-19 lockdowns, the endless cell restriction violated my 8th amendment rights. Wexford Health Care signed an affidavit in Patrick Bakaturski v. Rob Jeffreys, 21-cv-00014-GCS, which stated that Wexford Health Care did not approve any of the Covid lock downs. Yet in every grievance I-DOC said I was on quarantine.

So How Do I Get out of the Cell More? What should be the Legal Argument?

First Look up Ashoor Rasho et al., v. Director John R. Baldwin, NO: 1:07-cv-1298-MMM-JEH, Mental Health Settlement agreement. If you go to page 20 you will see that I-DOC agreed that all prisoners under segregation statutes should get 20 hours per week of out of cell time. That means if you are being kept in the cell and not being given 10 hours of Day room and 10 hours of yard this violates your 8th Amendment rights. Under the Americans with Disabilities Act for general mental health every prisoner must get 10 hours of yard per week and at least 10 of day room or programs per week in maximum security prison. I am not in max anymore, but my prison is being ran as an unclassified max in violation of state and federal law. So under the same standard of a basic human right, I requested my 20 hours per week, 10 hours of day room and 10 of yard.

The legal argument is clear, 23 and 1 is unconstitutional. ALL max prisoners could fight to make their max a 21 and 3 by invoking the wording in the Mental Health Settlement. The Federal Government has already agreed in part that 23 and 1 is unconstitutional. You need to use page 20 of the settlement to support your grievances and legal arguments.

If anyone has any questions of how to file the grievance or would like to see the format on what might work in Federal Court, key cite Bakaturski in Federal Court. If you can get a copy of the petitions I have filed pro-se.

MIM(Prisons) adds: We are not lawyers and do not offer legal advice. When we print tips like this it is up to the reader to determine how this information applies to your situation. The settlement above applies to the Illinois DOC, though strategies in those cases may be relevant elsewhere. We have long worked to shut down long-term solitary in all its forms. The settlement is one small tool to help prevent de facto long-term isolation from occurring in Illinois.

In 2018 the California Office of the Inspector General (OIG) investigated the grievance process at Salinas Valley State Prison. This resulted in a new process in 2020, where any grievances alleging staff misconduct in the California Department of Corrections and Rehabilitation (CDCR) would go to an Allegation Inquiry Management Section (AIMS) in Sacramento, rather than being handled by staff at the prison.(1) As we report on in almost every issue of Under Lock & Key, grievances in U.$. prisons are often ignored, denied, or covered up by staff.

One problem with this small reform is the staff at the prison was still deciding what grievances would be forwarded to AIMS. Following OIG recommendations in 2021, the CDCR changed its system for handling grievances in 2022 so that staff misconduct could be reported directly to AIMS. In March 2023, AIMS was replaced with the Allegation Investigation Unit (AIU), within the Office of Internal Affairs.

In 2010, United Struggle from Within (USW) in California initiated the “We Demand Our Grievances Are Addressed!” campaign, which has since spread across the country. We just released a petition for Indiana this year, see the report on initial campaign successes in this issue. And we just updated our petition for Texas. Since 2010, hundreds of prisoners in California have sent petitions to the California OIG and others outlining the failures of the existing grievance system and demanding proper handling of grievances. This campaign contributed, likely greatly, to the recent changes in California.

It also happens that February 2023 was the last report we have of staff in CDCR retaliating against prisoners for filing grievances (in this case for freezing temperatures).(2) So we are interested to hear from our readers how the grievance process has been working over the last year. However, the OIG’s recent report has already exposed staff misconduct since the new program was implemented.

The OIG found that in 2023 the department sent 595 cases back to prison staff to handle that had originally been sent to the AIU to investigate as staff misconduct. This was reportedly done to handle a backlog of grievances. The OIG also stressed the waste of resources in duplicating work, given that the department had been given $34 million to restructure the grievance process. In 127 of these cases the statute of limitations had expired so that staff could no longer be disciplined for any misconduct. Eight of these could have resulted in dismissal and 12 could have resulted in suspensions or salary reductions. Many other grievances were close to expiring.

Unsurprisingly, when the OIG looked into grievances that had been sent back to the prisons, many issues were not addressed, many were reviewed by untrained staff, investigations were not conducted in a timely manner (39% taking more than a year), and grievances were improperly rejected. All of these are common complaints on the grievance petitions prisoners have filed over the years.

The OIG states in their concluding response to the CDCR claims around these 595 grievances:

“The purpose of this report was not to provide an assessment of the department’s overall process for reviewing allegations of staff misconduct that incarcerated people file; that is an assessment we provide in our annual staff misconduct monitoring reports. This report highlighted the department’s poor decision-making when determining how to address a backlog of grievances that the department believed it was not adequately staffed to handle.”

<sup>Notes:
1. California Office of the Inspector General, 29 January 2024, The Department Violated Its Regulations by Redirecting Backlogged Allegations of Staff Misconduct to Be Processed as Routine Grievances.
2. AV Brown Berets, February 2023, CDCR Freezes Elderly Inmates in Retaliation of Grievance Campaigns, Under Lock & Key 81.</sup>

Back in September we printed an article from a comrade in Virginia about PREA audits and why they do not work. This article did not appear in ULK, but touched on the abuses faced by wimmin in Federal Correctional Institution - Dublin (FCI-Dublin). On the ineffectiveness of PREA audits in Virginia, the comrade wrote about how the audits were pre-announced, communications with the auditors were done in front of staff, and once the auditors left, staff retaliated against prisoners who talked. Comrades in Pennsylvania and Texas have also reported on retaliation for filing PREA complaints, as is common for filing any kind of grievance against staff. The failure of PREA is just a subset of the failure of any accountability of prison staff across the country for abusing prisoners.

After the incidents at FCI-Dublin that were largely reported in 2022, nothing changed. This led to over 63 lawsuits being filed. On Monday, 11 March 2024, the FBI raided FCI-Dublin and arrested the acting Warden, Associate Warden, a Captain and an Executive Assistant who all lost their jobs. They were all members of the infamous “rape club” at FCI-Dublin, which continued on after previous firings in recent years.

“Federal law classifies any sexual contact between staff and incarcerated people as a felony punishable with up to 15 years in prison. But, as one incarcerated survivor testified during the trial of former Warden Ray Garcia, the Prison Rape Elimination Act “really doesn’t exist at Dublin.”(1)

PREA doesn’t really exist in most of this country, where grievances are routinely thrown in the trash and retaliation for filing PREA complaints is the norm. And this is not the first time the FBI has been involved in investigating and arresting FCI-Dublin staff for rape.

Trans Pride Initiative (TPI) is working to hold PREA auditors accountable in Texas. However, they report:

“Under PREA § 115.401(o), auditors “shall attempt to communicate with community-based or victim advocates who may have insight into relevant conditions in the facility.” TPI has seldom been contacted concerning information we have about Texas prisons, and the National PREA Resource Center, which oversees the audit process, has failed to hold auditors accountable to this requirement. TPI has developed a simple auditor tool for auditors to see current information about any unit that we have in our system, so they do not have to even contact us. They are required to list if they tried to contact others about prison information and who they contacted. We are seeing many auditors list no contacts, or contacts that are perfunctory and likely provided no information.”(3)

TPI has an impressive database of incidents of violence and retaliation against prisoners on their website. They want the details of dates, who did what, what happened, what was said, where it happened, witnesses, etc., which you can send to:

Before publishing this article, an investigation into suits filed under the Adult Survivors Act in New York City’s state supreme courts revealed that 719 of 1,256 cases came from Riker’s Island Jail.(2) That is, more than half of the suits filed in the whole city of New York for sexual assaults that had occurred in the past were filed against city correctional officers. Almost all of them came from the wimmin’s jail. Like the rest of the country, wimmin make up a small minority of prisoners at Rikers. While male-bodied prisoners face very high rates of sexual assault compared to the general U.$. population, it is clear that being in a wimmin’s prison puts you in one of the highest-risk groups to be sexually assaulted.(4) And within men’s prisons, being trans, gay, queer, intersex, smaller or weaker will all put you at greater risk as the reports below suggest.

Gender oppression is built in to the U.$. prison system. Despite laws, lawsuits and FBI raids, it is not going away on its own. It is only by organizing the oppressed to stand together that we can put an end to these abuses.

Below are a couple recent reports from Polunsky Unit in Texas on how PREA incidents are handled. TPI’s data shows they have received many more PREA reports from other Texas prisons, including: Allred, Hughes, Connally, Telford and Stiles Units.(5)

A Trans Prisoner at Polunsky Unit in Texas Reported in March 2024: I put a Step 1 Grievance against one officer and wrote to the Ombudsman in Huntsville and he denied any allegations and got other officers to start to do stuff to me. I wrote to the Warden Mr. Anderson and I was placed around other gang members who keep threatening to harm me and call me punk, snitch, hoe and all that and use officers against me. Last month another officer name Suniga started threatening to harm me and sexually harassed me.

…Later Suniga got mad at me and threatened to take my booty shorts and other clothes. He told all those other inmates that I’m snitching on them with the I.G. who coming to investigate me for the incident with the other officer I mention before. And they took my jail housing manual charter #30 for the LGBTQ inmates with all the PREA standards, rules and regulations for jailers and inmates.

He took it and threw it away, so I put a step 1 grievances and sent a letter to the PREA offices in Huntsville, who are doing an investigation, and the PREA officer respond back and said they did an investigation but can’t go forward because Mr. Suniga resigned from his job. Now no body want to do anything or restore my papers which I don’t get for free. …even if Suniga quit his job, the TDCJ should be responsible for what he did while he were employed at the TDCJ.

A female officer who worked with Suniga before and knows that I put a Step 1 against Suniga, works here named Ms. Smith. When she came to my cell door she tell me that I got her friend in trouble and she refused to feed me my lunch. She said that she was going to write me up for not being dressed appropriately because I was wearing my shorts and she said that she don’t care if I were punk, transgender, or whatever.

They stop our physical mail claiming that too much drugs are coming into the TDCJ units. She worry about me wearing booty shorts, but drugs still get here every day. And not only K2, they get methamphetamine, ice, weed, all kind. I know because I seen who bring into the C pod. And I got notes in my cell right now, on 8 March 2024, on people who ask me if I want to buy K2 and ice, but I can’t say shit because if I do or report it to the I.G. or STG they going to let these gang members know that I told on them and more retaliations going to occur.

I am the only transgender or gay at C. Pod. All other inmates here are gang members or part of some groups. I filed I-60 requests and send letters to classification in Huntsville asking to move me to a pod or unit where most LGBTQ prisoners are and never get a reply or get moved. It is so cruel what they doing to us. About a month ago, someone killed himself on C. pod. And two others try to cut they self too… Now, one more time, I ask please help me with legal assistance to put a stop to all this abuse. Thank you and hope I can hear from y’all or someone who want to help me.

Another Polunsky Unit prisoner wrote us in March 2024: I was called out by Captain Cerda concerning a PREA Safe Prison for sexual harassment and sexual assault…. he began asking me what’s up with this letter to PREA Ombudsman. I began to explain and he said, “aw hell, we got to do this whole PREA thing.” He then hands me a statement sheet. I ask for the dates for the PREA letter and times, but he said “don’t worry about it, just leave ’em out.” I told him I needed them cause this inmate was suppose to be out of his assigned work area and in safe keeping, and I’ve written PREA Ombudsman about this repeatedly. He stated, “If we weren’t so short handed all this shit wouldn’t be happening and if TDCJ had housing, safe keeping wouldn’t be on my fucking unit cause I damn sure don’t want yall here!”

I felt badgered and like I was wrong for filing the complaint with only half the info. And with Captain Cerda’s demeanor and Lt. Rodriguez throwing questions in… and her standing over me I felt pressured and I wrote as little as possible. I just wanted to be away from them.

…TDCJ Executive Directive PD22 #4 Tampering with a witness violation level 1: states “An employee shall not attempt to hinder or influence in any manner the testimony or information or any witness or potential witness in an investigation or administrative proceeding.”

<sup>Notes: 1. Victoria Law, 14 March 2024, FBI Raids California Prison Facing 63 Lawsuits Over Systemic Sexual Abuse, Truthout.
2. Jessy Edwards and Samantha Max, 26 March 2024, Late-night sex assaults. Invasive searches. The 700+ women alleging abuse at Rikers, The Gothamist.
3. Trans Pride Initiative PREA website
4. MIM(Prisons), September 2007, Gender Oppression in Prisons, Under Lock & Key No. 1.
5. TPI Prison Data Explorer</sup>

The Digital mail system launched by the Texas Department of Criminal Justice (TDCJ) last year has been disastrous for prisoners and those who communicate with them.

One comrade from Coffield Unit just wrote to say:

“In response to the TDCJ Digital Mail initiative article from ULK 84. My own postal mail has been averaging 3 months for receipt since the implementation of the program. Even our Securus e-mail at my unit has been taking up to 3 or 4 weeks to be received – both incoming and outgoing.”

Meanwhile we are receiving mail from comrades in Allred Unit that is dated from 3 months ago. While there are more delays in mail going in, they are happening in both directions.

The Warrior In White newsletter has been investigating delays and received the following responses:

[TDCJ Ombdusman to the nonprofit:] “There are no staff shortages and all mail is being processed within the 3 day limit as stated in the policy.”

[Mail System Coordinator in Huntsville:] We are currently experiencing a staff shortage. We were not expecting the volume of mail at the Dallas facility. All mail to you has been received at the facility, but not yet scanned (acknowledging the USPS Informed Delivery Service evidence showing the mail at the Dallas facility).”

[From Securus:] “There is no staff shortage. All mail is being processed within 5 days, unless there are pictures or photos, in which case it may take a little longer.”

One comrade is leading a lawsuit against the violations of the digital mail system as we reported in ULK 84.

Another comrade wrote in response to that suit to suggest:

“To a Texas prisoner who has filed a complaint challenging the constitutionality of the Agency’s contracting with a private vendor (i.e.: a for-profit company in Dallas, Texas) to digitalize all Texas prisoners’ incoming general mail and photographs for computer-generated posting to a prisoner’s Securus authorized tablets. I believe this Texas prisoner needs to read Securus Technologies, LLC’s Agreement of Terms and Conditions when challenging the Agency’s policy-related ban of senders’ mail piece items off of prisoners physical mail. See Texas General Arbitration Act.”

For those who cannot commit to participating in the lawsuit, we can continue to agitate around this issue. And one way is to file grievances. Below is an example grievance from a comrade that can help you write your own:

In mid-February on H-pod here in the ECB [Expansion Cell Blocks] prisoners got together and submitted 30 grievances about lack of dayroom and outside rec which G-5, G-4 and G-2 are all experiencing here in the ECB. The response from Warden Smith was that they are “understaffed”. I may submit my own grievance just to see if I get the same response though I have to be careful as the guards are using the gangs to police the prisoners and some of these fucking “Homeboys” do the pigs’ work for them violently. But I thought I would call your attention to an interview of Bryan Collier in the Nov-Dec 2023 and Jan. 2024 Echo Newspaper. In the January edition Collier admits to having “staffing” problems. So both Collier and Smith are aware of this understaffing but still it continues and they are not releasing anybody or hiring enough to quell the problems.

Two weeks ago it is rumored that a prisoner was raped by his celly. The word is this is the reason one of my classmates has been missing. I don’t know if a FOIA can be filed and help his family to get these motherfuckers? But being understaffed is dangerous and cruel for all of us.

These 30 grievances from G-4’s in H-pod on ECB and the January 2024 interview of Collier show corroborated “Deliberate Indifference.” Maybe I should also grieve this and send my copies to a supporter who can coordinate with prisoners, legislators, and the D.O.J. I’m sure Genocide Joe would love to get a piece of Greg Abbott and Ken Paxton for the bad press they have given him on the border?? We should take advantage of these asshole politicians whenever we can!!! Anyway, if you have any extra ULKs sitting around and can afford to send me another bulk mailing, please do so, so that I can distribute them here.

Securus advertises package pricing for movies I think that are about $12 a month but they are not offering these packages. Instead we have to pay from 6-12 dollars per movie rental! And they blame Hollywood Studios for this price gouging. I wonder if Hollywood knows about how they are exploiting us and our families? We should get Netflix for $16/month or something but 4.99-19.99 before tax is too much to charge “slaves” who do not get paid for their mandatory work!

MIM(Prisons) responds: It’s ironic that Abbott is fighting to militarize the border, but can’t find enough people to run his prisons. Though it’s our understanding that many Texas prisons are already being staffed by Nigerian immigrants working on visas. Meanwhile they have gangs working for the state, implementing repression and keeping the population sedated on drugs, while the staff sit around doing nothing. Though Biden has no qualms about supporting genocide, he does like scoring political points on Greg Abbot. This comrade might have a good idea here.

In ULK 84, we announced the addition of Indiana to our list of states with a campaign and petition to get prisoner grievances heard and addressed. The comrade who wrote the petition immediately put it to work, sending copies of the petition to all the official addresses listed on the bottom.

This comrade had mail confiscated in June 2023 that ey has been trying to get ever since.

“The indorm counselor asked me to sign the paper which said I had to either send it home or have it destroyed and they violated/broke my due process rights as well as my 1st Amendment rights. I told her I ain’t signing shit.”

“Then a day later I.A. here at Putnamville Correctional Facility called me over to give my publication to me after they had them for well over 6 months, which is a victory, and we will see more I believe.”

The comrade sent us a copy of the letter from the Deputy Chief of Investigations granting that the publications sent in early June were permissible – 7 months later!

While we agree there will be more victories, we’ve also seen setbacks following censorship battles in Indiana over the last couple years. MIM(Prisons) believes there are no rights, only power struggles. The grievance campaign being waged in over a dozen states across the country is geared towards getting prisoners organized to advocate for themselves because the system is always there to maintain the status quo.

Today the Deputy Chief of Investigations helped a comrade out, tomorrow ey might not be so generous. Recently the FBI arrested rapists running FCI-Dublin, yet at other times they’ve imprisoned and assassinated those who fight for the liberation of the oppressed. The agents of the state act in the interest of the state. So we cannot rest on our laurels after a couple censorship victories.

A comrade in Indiana has drafted the attached petition to address relevant state officials listed at the end regarding failures in the grievance system in the Indiana Department of Corrections. Outside supporters are encouraged to share the petition with contacts inside and to write the contacts in support of the issues faced by their friends, comrades and family. Prisoners in Indiana can write us to get copies of this petition as well as our Federal appeal petition in the case that the state petition is not effective.

[UPDATED August 2024 to include contacts at Wabash Valley CF]

We Demand Our Grievances Are Addressed!

Introduction: Current Existing Ideas Around Snitching

As Marxist-Leninist-Maoists it is important to apply the dialectical materialist method when it comes to handling the contradictions among the masses. In the prison context where most of our organizing revolves around, the contradictions between various prisoner individuals, national groups, and lumpen organizations can become antagonistic and it is our job to transform this antagonistic contradiction into a non-antagonistic one and resolve it from there out.

One example of idealism is around the “stop snitching” slogan and campaign. Is “stop snitching” a correct slogan? Only an idealist could answer this question without more information. The materialist method of finding out what would constitute “snitching” would be to analyze the material conditions of how this “stop snitching” idea came about, the purposes it was for, which classes were promoting it, and going from there. What we must not do is treat it like a general platitude where it can be abused for anti-people purposes and exploited by the pigs to get the masses to fight amongst themselves.

To assume the most righteous origins of the “stop snitching” slogan, we can think of various lumpen organizations, who might be in competition and rivalry with each other at times. Yet these organizations all come to agree that they have a common interest in not sending the oppressor’s cops against each other. Perhaps there is a consciousness as oppressed people uniting these L.O.s to come to this conclusion. But certainly there is a material interest in staying alive and out of prison by reducing the amount of police involvement in their lives.

The “stop snitching” campaign was a success. So much so that today, in many prisons, it has been taken up as an idealistic and dogmatic truth rather than a materialist principle to apply in differing conditions. To many this slogan is true for all times and all places. In fact, it is so absolutely true that they apply it to the police themselves! We’ve received reports from many parts of the country that comrades can’t get others to file grievances against abuse and inhumane conditions against the system because fellow prisoners don’t want to “snitch”.

Now in reality, those fellow prisoners are probably just scared of what prison staff will do to them, so they use the “stop snitching” slogan as an excuse to do nothing and live quietly under the boot of oppression which the stop snitching principle was brought up to fight against in the first place.

However, those who stand up for themselves recognize the role of grievances. We live in a bourgeois democracy. The image of the rule of law is important to the enemy even if things become lawless in the corners of society, like in prisons. There is a grievance system and the bourgeois/imperialist state says they will follow that system. That means this is a tool that can and should be used to improve conditions for comrades organizing within the belly of the beast and fight for the political rights to build independent institutions. To call that snitching is to say that something is true because it’s true; not because of any actual evidence or material basis. To call this snitching is to lack any analysis of class, nation, gender or who are our friends and who are our enemies.

And as we discussed in the last issue of ULK, we must learn to think in percentages to build the United Front for Peace in Prisons. Thinking in absolutes, allows the enemy to keep us divided.

Case Scenario: Inmate Collaborators and Pigs Using Anti-Snitching Sentiment to Repress Prisoners in CDCR

In one of many reports like this, a comrade in California recently wrote us:

Dear MIM Distributors,

I am a disabled person under the Armstrong v. Newsom injunction where I continue to be targeted by officers who specialize in pitting prisoners against each other to discourage and deter use of the grievance process at Richard J. Donovan Correctional Facility (RJD), and in retaliation for the same.

On the morning of 25 August 2023, while exiting my cell quarters to be issued my breakfast and lunch Kosher meal, one of the inmate porter workers (infamous for not only disruptions, violence, and fighting other prisoners on the unit; but also carrying out retaliatory terrorism for officers against prisoners who use the RJD grievance process to report misconduct) began to ridicule me without provocation.

Subsequent to returning to my cell and at commencement of A.M. medication, officer G. Sellano supervised pill line near my cell as the same prisoner porter worker came to my cell door and began hostile provocation calling me a “snitch” for pending grievances (Attached as Exhibit A). Both of which involve this very same inmate porter worker and officer G. Sellano.

This inmate porter worker then stood outside my cell door on a rant to provoke me by yelling “snitch, you a bitch, you wrote a buz on me and Sellano.” The whole time officer G. Sellano stood listening, watching as the inmate porter worker then openly blasted how he is able to “do what I want all around here, I can fight anybody I want and nothing will happen. I won’t even get a 115.” Challenging me to fight as officer G. Sellano stood listening and watching while supervising the A.M. medication line next to my assigned cell.

Said inmate porter worker then began yelling to the tower officer to open my cell door in order to attack me while officer G. Sellano continued to fail to intervene, act, or quell the growing disorder.

The inmate porter worker in question is allowed to volunteer work for officer G. Sellano where the inmate receives detailed information on pending grievances filed against officer G. Sellano – then uses that personal knowledge of grievance information to confront, intimidate, and provoke some violent incident with the grievant: all while officers on the unit watch.

Facility Captain Lewis has turned a blind eye to not only this particular inmate porter worker’s ongoing propensity for violence and daily disruptions on the housing unit, but also the fact that this particular inmate porter worker is and has been for months now, used as a torpedo for housing officers like G. Sellano to be programmed to target prisoners like me who use the grievance process here at RJD while Warden James Hill has been unable to prevent officers like G. Sellano from using working knowledge of department operations to gather information for the purposes of endangering the safety and the welfare of those confined therein.

Inmates vs Prisoners

Inmates are the categorical definition used by the U.$. law to white wash their crimes. It is no different politically than to call the torture of Iraqi POWs “enhanced interrogation.” Inmate also implies a more collaborative relationship between captive and captor, which is an appropriate term to use for the inmate porter described above. A politically appropriate term for the vast majority of the imprisoned lumpen in this country would be prisoners or captives. We do not live in a time where wars are officially declared or sanctioned by governments through formalized documents. Wars are declared through invasions (such as the Russian invasion of Ukraine), bombings (such as Al-Qaeda’s destruction of the twin towers), etc. The U$A has waged war against the oppressed nations inside their borders through mass imprisonment and police occupation – thinly disguised as “war on crime” or “war on drugs.” During this mass imprisonment and lumpenization of the oppressed nation masses through the criminal inju$tice system, inmates are those who collaborate with the pigs behind bars – a consciousness of a lumpen class in itself. A lumpen class for itself, as Marx used the term, would recognize the political importance of the two distinctions.

As stated earlier, the stop snitching slogan can be utilized as principled solidarity as fellow oppressed nationals within the constant anti-people activities of the lumpen class. Through popular support, such as hip-hop culture, this stop snitching principle would even extend beyond street life into the youth where telling on adults or school teachers would even be considered snitching. The principle of a specific lumpen life now become a general platitude and empty virtue. We ask our imprisoned lumpen readers, can snitching really be stopped without independent power from the oppressor? What would it mean to be loyal to “your people” or “your folks”? Can the principle of anti-snitching be applied to the enemy who it is designed to protect fellow oppressed nations or lumpen from in the first place?

We hope to move the discussion a step forward for our readers who seek to transform the anti-people gangster mentality to the pro-people revolutionary path. Using the few rights that the oppressed are given against the oppressor to build power among the masses is not snitching. Perhaps this over-emphasis on snitching on fellow criminals (as the government are criminals oftentimes in lawless corners of society such as prisons) shows the class in itself level consciousness that many of our readers might be susceptible to.

Stop Snitching!

Stop Collaborating!

If you follow the news, you are well aware of a Virginian named Officer Edwards, who recently used police training to attempt to groom a teenage girl for eir pedophilic needs. When it didn’t pay off ey drove to California, murdered eir family, burned down eir house, and kidnapped the girl. Ey eventually died in a fire fight with California police. Around the same time, back at a Virginia Prison, a Virginia Department of Corrections (VADOC) guard named Owens at Keen Mountain Correctional Center shot a prison nurse to death. Ey was pregnant with the guard’s child and was threatening to tell Owens’ wife about eir affair. These are Virginians, and ey are the type of people who flock to jobs in corrections and law-enforcement in Virginia. Virginia officials will tell you they don’t know how people who are so dangerous slipped through the background checks. Virginia officials are lying to you because these are the people they look to recruit.

There are more subtle forms of this sociopathic behavior, and the guards and other staff at the notorious Pocahontas State Corruption Center exercise these forms of open torture daily. One of the most common is the deliberate tampering with mail. Two of the most often seen names are Hagerty and McCall. Aside from delaying outgoing mail, sometimes for weeks if ey send it out at all, incoming mail is often denied outright for any number of nonsensical and often false reasons. An example of this is the denial of a book review/catalog. The reason cited was “no nude or semi-nude images”. Upon investigation it was determined that “nude/semi-nude” was a tank top shirt. Absolutely nothing “nude or semi-nude” by any known standards of decency. Of course the target of this mail denial was a known political writer and the review catalog was from a publisher – Fifth Estate – that focuses on political themes (many of them anti-prison). What these two VA DOC employees did – mail tampering – is a federal crime.

This is just one example of a massive assault on the guarantees of the First Amendment. It is a common event that is meant to not only prevent communications from exposing the other criminal acts by PSCC staff, but it’s also a means of isolating the captives. It’s a vicious form of psychological torture and harm. Ey want the captives to believe that ey are alone – that ey are forgotten by eir friends and family. This is solely to make the captives not only more susceptible to further and more cruel abuses, but also to a force a level of acceptance of the abuse.

To further this endeavor it is important to prevent grievances and complaints from being seen by those at regional or Central (Richmond) administration. Though in all reality, since the Virginia DOC only recruits and promote from within its own insular institutions, the administrators at every meaningful level were hand-picked for eir silence and loyalty to the VA DOC. Without eir allowance of endless cruelty and torture, it could be stopped. Still, “grievance coordinators” such as C. Smalling at PSCC, whose unwritten job description is “grievance disappear-er” answers the grievances erself instead of routing them to the proper areas for re-dress. Ey makes sure they are not properly logged so that they disappear as needed. This is especially important in preventing lawsuits from being filed, something PSCC is prone to do due to its nationalist majority staff and their daily human rights abuses. Without an exhausted grievance process any lawsuit brought by a prisoner is immediately dismissed by the courts. In Virginia, even the federal court judges are Virginians.

Other more harmful – yet just as subtle – forms of torture and harm are the 24 hour lights, a gift from 15 years of Assistant Wardens who should be in prison themselves. Currently the PSCC Assistant Warden, Mr. Collins, is facing at least six sexual harassment suits at three different prisons including PSCC. They just move the guy from one prison to the next and fire the people who lodged the complaints.

Yet another way the staff abuse the captives is through an especially vicious misuse of the PA system. There are several ways to do this, but the two most common are as follows:

Three very dangerous guards, Barry, Sargent, and Shelton are particularly fond of turning the PA system up to full volume and screaming into the microphone. Since they work on the night shift you might imagine the problems this might cause for the captives. 9PM, 10PM, 12AM, 3AM, 5AM anytime they feel like scaring the living hell out of the 250 people and also disturbing their sleep. This sort of abuse is completely illegal yet all complaints are ignored or disappeared. These acts are a sign of sociopathic behavior and given that 40% of Virginia’s captives are warehoused mental health cases, it is so very devastating. The flip side to this is turning the PA system volume down so low that no one can hear announcements. This causes not only missed classes, programs, or medical appointments, but it also allows guards to justify all manner of false charges against captives – most often “disobey a direct order” or “unauthorized area”. Both are low level charges, but they cause sanctions and fines. They also make your record appear as if you are a problem all of the time, and if you get too many you will be transferred to a higher security prison.

Another regular problem comes from guards such as Craig, Bogle, Kimble and others like them – most of the guards. They are openly racist and anti-semitic, go out of their way to verbally (and sometimes physically) abuse anyone they are able to. On the boulevard, in the education and library buildings, in the chow hall, any place they are able to, and they get away with it repeatedly. This has gone on for years and years without any change or even the least reprimand. To give you a better idea of just how far it can go on PSCC’s compound, here is a scenario that happened recently:

A guard named Horton and his wife, also a guard, both work on the compound. This is a violation of policy for a lot of good sense reasons, but PSCC itself is a major violations of DOC policy and too many to count. Mrs. Horton, while married to one guard, is sleeping with several others on the compound during working hours. It is common knowledge to everyone. As you might expect, Mr. Horton gets fed up with his wife’s extramarital affairs and decides to solve the problem. This guy brings a loaded weapon THROUGH the gates – apparently staff were not checking guards as they came in – with the intend of making some examples. Those examples were going to be PRISONERS! Not the other guards who were involved with the wife, but PRISONERS! Fortunately a few guards stepped in and put a stop to this before anyone got hurt, but still, Mr. Horton is only fired and walked off the compound. Not a single criminal charge was brought even though he broke half a dozen laws. His wife was recently promoted to “counselor,” and he was just rehired to work at the same prison on the same shift as his wife.

Virginians and the VA DOC PSCC staff fed captives food that says “not for human consumption” on the box. Its medical staff is entirely unqualified in every way. Its psychologists do not have the experience to handle severe mental health issues and are even falsifying records to avoid even dealing with mental health because the facility (and the VA DOC) are simply not capable or designated to handle such issues. Add to this all the well-known and common place issues with corrupt prison staff – and put the prison in a well hidden county at the end of some “wrong turn” road in a state that seems to be growing its right wing neo-nazi extremist population. You have a real time disaster unfolding daily: the other 40 prisons in Virginia – a long time slave economy – are no better. On top of all that, add a 20% rate of innocence/wrongful conviction (approximately 5,000 people as of this writing). Harsh action must be taken to stop this madness.

MIM(Prisons) responds: MIM(Prisons) has been questioned online for our support of the campaign to fight the a recent rewrite of BP-03.91 in Texas, mostly to increase restrictions on sexually suggestive, non-nude photos. The example given by the comrade above is one of many that explain why we support that campaign despite stating clearly that we oppose pornography. Any increase in the restrictions on mail are going to be applied to stuff the pigs disagree with politically, because there is no free speech in this bourgeois dictatorship, only power struggles.

Of course, most pornography represents patriarchal and bourgeois morals. Morals that numerous gender-related acts of violence described by this author. We welcome reports like this, and print many on our website. But as the author states action must be taken, we really want your articles on campaigns and struggles against these types of abuses and organized repression.