Under Lock & Key

In early December of last year a hunger strike was called at Ely State Prison, joined by at least 39 prisoners at the start and fluctuating over the following weeks. A prison advocacy group, Return Strong, represented the prisoners’ demands as follows:

1. End the continued and extended use of solitary confinement, lockdowns, modified lockdowns, and de facto solitary confinement.
2. End correctional abuse.
3. End group punishment and administrative abuse.
4. Address due process interference and violation in the grievance process.
5. Provide adequate and nutritious food.
6. Address health and safety concerns in all Nevada facilities and provide resolution status to them.

In response, the Nevada Department of Corrections (NDOC) ignored several of the demands, calling them “false,” (2) but addressed some of the concerns related to food and administrative handling of punishments. Lower-level sanctions that result in loss of privileges will now run concurrently instead of consecutively, and Aramark, the food vendor, is being questioned about the portion sizes. Even the head of the local prison guards union mentioned that they’d noticed the portions shrinking recently.(1) Aramark has faced repeated legal challenges regarding its poor food from prisons across the country (3), so the fact that it’s now squeezing portion sizes in Nevada doesn’t come as too much of a surprise.

Some of the more serious allegations NDOC ignored include food being stolen from prisoners by staff, the existence of no-camera “beat-up rooms,” collective punishment and indefinite 23-hour lockdowns excused by laying the blame on “staffing issues,” and the de facto suspension of programming for many prisoners.(4)

Prisoners at Ely State Prison voluntarily suspended the strike after four weeks and the adjustment of some of the handling of administrative sanctions were addressed.(5) We didn’t receive any info from inside or outside coordinators about how/why the strike ended, just that it did. If any of our readers can provide insight we’d appreciate it.

<sup>Notes: 1. Cristen Drummond, “Inmate advocacy group shares list of prisoner demands on hunger strike,” KNSV Las Vegas, December 6th 2022.
2. NDOC, “NDOC Leadership Responds to Hunger Strike,” December 9, 2022.
3. https://federalcriminaldefenseattorney.com/aramarks-correctional-food-services-meals-maggots-and-misconduct/
4. Naoka Foreman, “Advocates: Nevada inmates on hunger strike to protest food quality, prison conditions,” The Nevada Independent, December 8th, 2022.
5.  Sabrina Schnur, “Hunger strike at Ely State Prison ends,” Las Vegas Review-Journal December 30, 2022.</sup>

In prisons, there are venues for prisoners who have been abused or treated unfairly or inhumanely. When things like this happen, a prisoner has a right to sue, but only if he can get his case to court.

The problem is that because of PLRA, or Prison Litigation Reform Act, it’s much more difficult for a prisoner, even if he is right, to get his case to court. In essence, PLRA requires prisoners to first exhaust the Administrative Remedy procedure… or a grievance procedure. In Federal Prisons, it is known as a BP.

So quick scenario; a Black prisoner is being harassed by white officers, who: constantly use racial slurs and trash his cell, taking his family pictures and other valuables. The prisoner tries to file a BP to get to court. Months pass, with no success, so he tries to take it straight to court. The court shoots down his claim, because he did not go through proper procedure of filing a grievance. So, even if the prisoner is right, the courts won’t acknowledge his lawsuit because he didn’t go by the rules.

But, is the prison going by them? Let’s talk about that, and how prisons like USP Tucson are actually breaking the rules, making it very difficult for prisoners to properly file a lawsuit, because the Administrative Remedy procedure is horribly flawed.

To begin, let me pull up a statement from a case law, Woodford v. Ngo 548 US 81, 126, S. Ct 2378, 165 L.Ed 2d 368 (2006). I want to share with you an argument a prisoner had about the grievance procedure, and what the argument against it was:

“Respondent contends that requiring proper exhaustion will lead prison administrators to devise procedural requirements that are designed to trap unwary prisoners and thus to defeat their claims. Respondent does not contend, however, that anything like this occurred in his case, and it is speculative that this will occur in the future. Corrections officials concerned about maintaining order in their institutions have a reason for creating and retaining grievance systems that provide — and that are perceived by prisoners as providing - a meaningful opportunity for prisoners to raise meritorious grievances. And with respect to the possibility that prisons might create procedural requirements for the purpose of tripping up all but the most skillful prisoners, while Congress repealed the “plain, speedy, and effective” standard, see 42 U. S. C. §1997e(a)(1) (1994 ed.) (repealed 1996), we have no occasion here to decide how such situations might be addressed.” - Justice Samuel Alito

In short, this argument claims that the prisoner was incorrect that prisons could – and do – make it much harder for prisoners to file a grievance. After all, if the prisoner can’t file the grievance, he can’t get to court to sue the officers. In the above case, the Black prisoner is trying to go through the procedure, meaning he has to exhaust the grievance procedure, before he can go to the courts. This kinda makes sense, because one intent of the PLRA is to prevent a lot of frivolous lawsuits by prisoners.

But in doing this, there is a flaw, one prison has used a cheat in the procedure. Let me explain:

To begin the BP, or grievance process, a prisoner must first have an issue… ok, check. The prisoner claims discrimination against officers, so he has a right to file a grievance. Well, step one, as I use USP Tucson as an example, is to get what is called a BP-8. This is the lowest form of the grievance, and it should be available upon request.

Problem: Here at USP Tucson, it isn’t. The prison makes a policy that ONLY the Counselor can hand out a BP-8. So, what if the Counselor isn’t there? You have to wait to find the Counselor, because apparently no other officer in the world can get that piece of paper. This is already an obstacle of due process. In other states, you can get a grievance form from any officer, especially the ones working in your dorm. It makes sense, they are there all day, why not allow them to pass out the grievances?

But, if you change the rules, you then regulate how often you pass out the grievances. Now, you can’t get a BP unless there is a certain officer there. And if he/she isn’t there, they don’t pass them out. So, in theory, a Counselor can stiff-arm prisoners from getting a BP, by making excuses of not being there, or “not having any”.

I say this from a LOT of experience… this happens a lot here at USP Tucson. Many prisoners are frustrated with the Administrative Remedy because for most, it simply does not work. The case law implies that all prisons want to make the grievance procedure available for the maintaining of order, this is not necessarily true at all.

Another technique for obstructing the grievance procedure is to simply “lose” the grievance. If you manage to corner the Counselor and get a BP-8 form, you then have to fill it out and hand it back to them. Problem: The BP-8 is a single white piece of paper, and once you hand it to the Counselor, you have NO copy. So how do you know they actually processed it? In many cases, they don’t. They either “lose” it, or simply trash it.

So, if you can get past the BP-8, there then is a formal BP-9, which is on carbon paper. You have to fill out the form (if you’re lucky enough to even get one), then turn it in to the Counselor (if you can find “Waldo”), and wait for them to give you a carbon copy, if they don’t lose it or trash it.

Additionally, the carbon paper on the BP-9 is so poor, you have to have the strength of the Hulk to press down, to make the copy on the second page, let alone the third or fourth. So, the BP-9 is almost worthless after the first copy is torn off.

If you get no responses from the BP-9, then you have to go to the BP-10, which goes over the heads of staff. But rinse and repeat on the procedure. It is incredibly difficult to get the forms, when in actuality, it should ALWAYS be available to any prisoner, at any time, by most staff members. But staff plays keep away, from prisoners, to prevent them from getting the BP’s, so they cannot timely file.

I say all this from experience. In February, I filed a BP-9 against staff in my dorm because they refused to give us chemicals to clean the showers during a lockdown. Over that period of time, an average of 30 prisoners used each shower cell, and not one drop of chemicals were used to clean it. Think about that, how many of you would walk into a shower after 30 other people had already used it? How about 10? Even 5? No one here should have to do that, but staff knew about it, and did nothing.

So, I wrote a BP-9 and the Case Manager took it and “turned it in” to the Counselor, long story short, as of this date, 9 September 2022, I have heard nothing, and they had only 30 days to respond. My guess, they threw it away.

This is much like cheating at chess, where we have to match wits against a facility that seems to be dead set on preventing prisoners from properly (and legally) filing a grievance. Let us not lose the fact that the grievance procedure is Constitutionally protected; no officer or staff has the right to prevent prisoners from filing.

But, if you cannot complete the grievance, you cannot get to court, because they will claim, as the case law showed, that the inmate didn’t do the proper work, when in fact he did all he could do, but staff aggressively prevented him from being able to file. The courts seem to be blind, or naive, that prison officials would actually HONOR the grievance system.

Think about that, why would they honor a system that holds their staff accountable? Do you really think they are going to play fair if, in the example I gave, a Black Prisoner is trying to sue racist officers? Do you really think they are going to let the BP’s go through, when they can block it at every turn?

It’s like cheating at chess, and it’s also why so many grievances fail, because places like USP Tucson have figured out the loopholes and are exploiting them to prevent prisoners from their constitutional rights. It happens all the time, and nobody is doing anything about it.

I mean, take out my queen, rooks and bishops, and yeah, it’s hard for me to win too.

MIM(Prisons) adds: This is why comrades in United Struggle from Within initiated the campaigns “We Demand Our Grievances are Addressed.” Comrades developed petitions for many states as well as the Feds to appeal these issues to higher and outside authorities to try to bypass the problem described above. This campaign has included other tactics like filing group grievances and even taking other group actions when grievances are ignored. In many states comrades have called for an outside review board to address these complaints. But ultimately, there are no rights only power struggles, so leaving these issues in the hands of the state will only do so much. The solution to the problem is coming together as prisoners, as the oppressed and fighting for these rights every step of the way. That is why we must build peace and unity among prisoners to get grievances addressed.

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

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

For 2 years now they have been short of staff or so they claim. For 18 months they operated at 20% staff and for the last 6 months they claim to be at 30% staff yet I’m certain an audit of certified payroll would differ, especially salary or ranking positions.

Absolutely zero SOP (standard operating procedures) are adhered to. Each rotation and every shift on every line is a freestyle depending on how that officer chooses to conduct his/her daily routine. Count is the only exception as all are constantly counting, especially when this interferes/conflicts with prisoner movement and/or distributing meals that regularly sit out for a long time (on occasion 4+ hours till next shift has to deal with it) resulting in all meals served cold .

I spent the last 6 days under a blanket blowing my breath into the space to try and keep warm. When I say cold I mean ice with the so called temperature controlled (without any thermostat) Air conditioner blowing.

Mental Health requests, telepsyche, 2nd day mental health related issues take 9 months minimum if you ever see the telepsyche or for psych meds while the self mutilation, smoke inhalation, and suicides are at an all time high. The number of Ad-Seg prisoners going or gone crazy is astounding. No, sad actually. Disturbing when witnessed first hand but that is a problem. We are isolated from any and all civilization.

The weekly library actually drops off/ picks up books once every 6-8 weeks while we receive late notice disciplinaries for late books we cannot return if they don’t pick up.

They do not run recreation or allow us our 1 hour out of cell ever. On occasion, they will fill the 6 rec cages maybe once every 6 weeks but there are over 60 prisoners for 6 cages and when they only run 1 shut, they document they ran rec and we get fucked.

50% of all meals are Jonny Sacks. Always an excuse but never do we get the diet as budgeted or as advertised. They steal all desserts so we never get our once a week dessert. Jonny Sacks are a spoon of peanut butter in a corner of two pieces of bread and 2 boiled eggs. We do not get the drink called vitamin c drink (juice) but half the time and we never get coffee + milk with breakfast like General Population.

When it comes time to review for getting out of Ad-Seg or program eligible they write us bogus disciplinary charges and run fictitious hearings resulting in automatic guilty verdict and restrictions ineligible to get out of Ad-Seg or go to programs.

No phone calls no video visits, no tablets as advertised by TDCJ- no effort or progress related to the tablets that are stored on site . Nor do we get official word. No media access. No radio as they have faulty wiring. No local papers. No echo TDCJ papers. No clue what’s happening outside these walls just as they have no clue what’s happening inside. They report they installed televisions. They mounted two TV’s where they cannot be seen and the faulty cable wires mean no reception.

In protest fires burn daily on each of the Ad-Seg lines. Prisoners burn any and all items that will burn. So many so often they don’t even react or bother to put them out, consequently we have no mattresses. Waiting list over 18 months to get a mattress. We sleep on steel and concrete. There are no radios for sale on commissary. They send us books then collect them as contraband. No cell cleaning disinfectant or bleach.

We starve and eat crap. Spoiled rotten crap. Many actually eat their own bodily waste and drink urine. Both hungry and mentally ill. Constant screams. No crisis, suicide prevention, Chaplain, medical response etc. For those in pain there is no medical relief. Suicides happen as threats, and early warning signs are ignored. One must cut themselves badly to be removed from cell. And we all do.

No windows, fresh air or sunshine, makes for a gaseous vapor in the air that means pain. Scream all you want its music to their ears. Ad-Seg B housing for confirmed family members labeled STG (security threat group). I estimate nearly a quarter of the prisoners in Ad-Seg now have empty cells with no personal property as it is constantly taken without any due process at all. Often for standing up for one’s self or trying to protect one’s rights or get what ones entitled to result in loss of property with no formal procedure or due process. Regardless of religion or affiliation they force christian music and preaching for 10 minutes every Saturday. No other religious material is available for any religion.

No barber in Ad-Seg no haircut for over 18 months now. We either shave our heads with razors or grow long hair and beards. They put us on bogus restrictions and limit how often we can buy stamps papers pen envelopes etc to write out. Much of our outgoing and incoming mail mysteriously does not reach its intended destination. Can’t prove who is at fault.

They took away and banned any pics of women that may cause arousal. Religious medals and items have been out of stock in commissary for the last 2 years. Chaplain offers no addresses or info for any but christian. The law library here offers no help, only issues exactly what document you request if you know exactly what to request. Grievances 100% denied with responses completely bogus and irrelevant to the issue attached. Completely useless when the board works for TDCJ and they review and devise on complaints against them.

We are not receiving the items budget for and paid for with tax dollars. We do not get the beef we raise on the fields. We do not get the pork we raise. We do not get the chickens we raise. We do not get fresh vegetables from field squad. We do get eggs, where does the rest go? I’ll tell you. They sell the choice cuts of meat for money and the lesser gristle and refuse in return.

The conditions within these walls are far worse than I witnessed in military POW camps. they call for nothing less than military action to get inside and expose what is occurring and begin a healing process. Its fucked.

There hasn’t been any light bulbs for 18 months. I only recently received one light bulb. Sit in a dark cell with no light.

Roaches and mice are an infestation. ORK Pest control in Amarillo Springs regularly comes but none die. I owned a pest management company and can tell you its not copacetic.

What I’m running into is a denial of all grievances, refusing all due process rights, and one-sided administration that makes rules they hold us accountable for and completely ignore those punishing them. Lawsuits are difficult with no assistance and I’m running into a cost issue of not being able to produce documents necessary for TDCJ to prove pro se or indigent.

Shake downs every 90 days and regular cell search result in losing much of what they sell us as they just take it period and destroy our cells in disarray tearing books etc.

Of the 20 to 30% staff, many are foreign working on indentured servitude program receiving less or no wages. Purchased into slavery from an African country and housed on site and bused around. Nigerian/African prisoners, debts owed, criminals, and outcasts purchased under flag of indentured servitude.

Majority have sold out and crossed over to become a part of the problem as they were too weak or chose not to fight a battle they couldn’t win alone and divided we are. The few of us who resist are overwhelmingly outnumbered and now fight the administration less as we first have to fight the layer of those who were once us and crossed over. Fighting amongst ourselves and trying to interpret rules all by design a smokescreen to hide the underlying more predominant fights. The criminals who take us prisoner, abused and torture and neglect us, and steal all the funding allocated for the “solution to the problem” the failure of democracy, justice and Law in this entity.

I stand up for what I believe and will resist or fight ’til my last dying breath; I call for help and assistance. I Need the methods I use to help change things from what they currently are to closer to the original intent which is reform and discipline and department of “corrections” is necessary.

North Texas AIPS Adds: We assume many similar reports have been censored by the state of Texa$ through direct or indirect methods as this writer describes above in regards to materials being taken away through cell searches and terrorism from the staff. The few that do come through highlight the extensive problems regarding any accountability the guards have to the Texa$ prisoner population and continuing neglect and abuse. While reform can be a useful tool to facilitate organizing and education, the original intent versus practice for prisons in amerikkka has always been to further suppress organizing among the oppressed masses. Fighting the conditions of Ad-Seg in this state must be for the purpose of revolutionary organizing and education if your goal is to end this long list of abuses.

The truth has finally out come from the darkness and into the light: people housed within social isolation by the U.$. criminal justice system are not considered persons protected by the U.$. Constitution, international agreements against torture, or Human Rights. States across the United $tates are actively deploying systems and protocols that suspend persons held in custody, in social isolation from Amerikan society, away from the protections of law, due process and order.

The criminal justice trend is to eliminate prisoners’ freedom to use and access Postal Services. It’s like the U.$. Postal Service has entered into a private agreement with the criminal justice system to deny mailing services of the traditional sense from all imprisoned.

Correction departments across the U.$. have engaged in concerted acts of sedition, substituting systems disguised as fun helpful tablet gadgets and video visitation programs for actual social interactions. Gone are the days of free assembly/press/congregation and religious exercise. Now persons are free to shut up, and be retaliated against for even hoping to benefit from the protections of the U.$ Constitution’s freedom of speech.

Even the freedom to grieve against the state has been frozen. In California it is being done under the departments decision to cease classical mailing processes for email services made available by the Global Tel Link security corporation. CDCR is planning to phase out all traditional mailing services in exchange for heavily restricted online access.

The move by CDCR involves outsourcing labour facilities and redirecting institutional service agreements to security bonds controlled by state agencies outside of the department’s jurisdiction, for example, the Department of Health and Human Services. The moves are being made under the cover of darkness, better yet the cover of claims to public safety, and the Center for Disease Control acts as the shelter. All in the name of mental health and hospitality for Amerikans with disability? From prisoners of circumstance to residences of outpatient facilities too doped out of their minds to even know the value of a traditional letter.

CDCR has began phasing out traditional mailing services using its Inmate 602 Grievance Procedures, institutions have eliminated traditional answering and mailing procedures for residence. Not only does the department rely on a new SOMS computer scanning system that forecloses any original writings and supporting information attached to an Inmate grievance, but it is enforcing computer software coding, by way of its Global-Tel Link tablet emails, that requires California prisoners to email grievances. This last part connects to the criminal justice system in the late requirements of U.S District Courts in California for 1983 Civil complaints filed by prisoners be done via email. If an individual can’t even write a simple complaint any longer, it begs to question what is the U.$. standing in justice?

Technological advances are all good and all, but are the residence of these penal institutions still citizens of the United Snakes of Amerika? Or does their custody lie somewhere else?

It is important that the public be aware of this very serious dynamic between themselves, the state and those in custody of state agencies like CDCR. The state is allowing for those in the custody of CDCR to be stripped of their civil rights and it all is being done in the name of the people, under the color of law. Silence is not an answer to the claims set forth against the people.

MIM(Prisons) adds: Prison Legal News (PLN) just reported some interesting stats following the Florida Department of Corrections completing its move to digitizing all regular correspondence. They found that 1% of the contraband found by the Florida DOC was through routine mail. Meanwhile, in July 2022, the Legislative Finance Committee noted that after New Mexico shifted to digitized mail there was zero effect on the amount of drug use in their prisons.(1) These statistics back up what we’ve been reporting on anectdotally for years – that mail restrictions and visitation shut downs have had no impact on the influx of drugs into prisons across the country.(2)

According to PLN prison systems and jails in 27 states have switched to digitized mail. With California gearing up to follow suit, it seems the tides have shifted in that direction.

Like body cams, some prisoners have asked for digital grievance systems so the C.O. you submit it too can’t just drop it in the trashcan. Otherwise, we agree with this comrade’s concerns. Social isolation is a violation of basic humyn rights and humyn needs. Visits, phone calls, letter, photos and cards are a must for any system that hopes to rehabilitate.

<sup>Notes: 1. Kevin Bliss, 1 September 2022, Florida Now Digitizing Incoming Mail for State Prisoners, Prison Legal News September, 2022, page 48.
2. A Texas Prisoner, March 2021, TDCJ: Your Staff are Bringing in the Drugs, and it Must Stop, Under Lock & Key No. 73.</sup>

Closing August 2022 with actions waged against the state of California Department of Corrections and Rehabilitation’s (CDCR’s) deliberate and intentional acts of sedition, systematic race crime, police gangs, mass insurance fraud, healthcare system abuse, etc. Members of United Struggle from Within (USW), Prisoners Legal Clinic - JLS, Lumpen Organizations Consolidated On 1 (LOCO1 United Front for Peace in Prisons) and ABOSOL7 say, “We Charge Genocide!”

In response to CDCr appeal #000000243827 (Deliberately denied access to CDCR 602 form (Rev. 03/20) in housing facility), the Department grants the claims set forth that corruptions officers employed at California State Prison - Los Angeles County (CSP-LAC) are involved in a concerted scheme of withholding revised models of CDCr grievance forms from the inmate population.

After being ignored at the institutional level where administrative executives maintain a strict code of silence to officer misconduct, an Associate Warden made a computer entry on a record affiliated with the log number that the claims would be remanded for decision to an unknown entity on an unknown date. Though the appeal on its face, if found true would most definitely qualify under employee misconduct, that is a candidate for a staff/citizens’ complaint.

As citizens’ complaints are reportable on direct appeal to any federal county police agencies for public-civil prosecution, the issue of intentional mis-handling of an appeal process was exhausted to the state capitol by means of the Chief of Inmate Appeals, and favor has been found for the freedom fighters.

Now we call on the struggle to burn strong.

We shall demand Senate hearing and investigations be held on the subject of police gangs within the department promoting “don’t ask, don’t tell” climates amongst the population, by way of withholding access to the forms designed for speaking up and challenging abuse.

This is made known as a public service to the prison population to wean itself off of depending on the court system as it is conditioned into them to be. In order to not only relieve the stress on the local courts but to increase the volume on the traffic between the cities and their capitols. The Senate hearings are called hearing for a reason.

MIM(Prisons) adds: A comrade at Richard J. Donovan Correctional Facility(RJDCF) recently wrote Governor Gavin Newsom regarding the infamous gang structure that is running operations there and denying prisoners the services the CDCR promises to offer them. The comrade introduces the letter:

“While the Armstrong v. Newsom, 475 F. Supp. 3d 1038 (N.D. Cal. 2020) injunction requiring body cameras be worn by officers may have subsided the wanton violent attacks on prisoners, nothing has been done to address or rectify the criminally orientated structure which dictates the overall daily operations of RJDCF. Such a failure renders RJDCF incapable of providing adequate rehabilitative programs and services to its prisoners.”

Offering more evidence for what we’ve been reporting about drugs in prisons almost every issue, the comrade goes on to write,

“Long before in-person visits returned to prisoners, RJDCF has been, and continues to be, peppered with the paper chemical substance known as spice, and methamphetamine, both of which are eas[ily] accessible and openly used outside of cell on surveillance cameras by various prisoners in common public areas. In fact, it is easier to access any one of these drugs here any day of the week than it is to establish or participate in a self-help program or access rehabilitative services.”

Comrades in North Kern State Prison have also been struggling to get their grievances heard:

“31 July 2022 – For the past month or two, us captives have been getting fucked out of our recreation (dayroom, yard) even though the orientation manual and Department Operational Manual acknowledges that we are entitled to 1 hour of recreation (outside/outdoor recreation) every day. These guards have been taking our yard and dayroom for the most blandest of reasons, a supposed”shortage” of building staff, or for a “one-on-one” or “two-on-one” fight amongst prisoners (fist fight), fights that these guards are well-aware of before the incident even happens. But still these guards shut down our whole program for any small infraction just to have an excuse to not run yard. I have done a “group” 602 grievance where 40 or so other prisoners have signed on to add weight to our issues, the institution has denied this grievance due to some trickery they employed. …These guards are lazy, they don’t want to let us out of our cells for nothing.”

The RBGG Law Firm reports the following outcome of Armstrong v. Newsom, 475 F. Supp. 3d 1038 (N.D. Cal. 2020):

“As part of the remedial plans, CDCR must overhaul its staff misconduct investigation and discipline process to better hold staff accountable for violating the rights of incarcerated people with disabilities. Those reforms will begin to be implemented at the six prisons [including RJDCF, CSP-LAC, CSP-Corcoran, KVSP, CSATF, and CIW] in June 2022 and will be implemented at all CDCR prisons by mid-2023. CDCR must also produce to us and to the Court Expert staff misconduct investigation files so that we can monitor if CDCR is complying with the remedial plans and if the changes to the system will result in increased transparency and accountability.”

We commend the comrades who are pushing for accountability around these court-ordered reforms in the systematic abuse within the CDCR. But as they both point out, criminal gangs are running these prisons, making the attempts at reform superficial. So much more needs to be done. It takes a lot of bravery to stand up to these gangs, and this type of bravery is what is needed to mobilize the masses of prisoners to rally to the cause for independent power.

We have a lot of issues at this facility, especially with mail delivery delays (policy states the facility has 48 hours from arrival to deliver mail and 72 hours for packages; both can take over a week) and with unnecessary censorship. The Colorado Department of Corrections’ administrative regulations are clearly laid out regarding mail, but this facility often misinterprets or outright ignores those policies.

BCCF is a private-owned (CoreCivic) prison, and despite having a Private Prison Monitoring Unit (PPMU) assigned to monitor the facilities compliance, they more regularly choose to cover for the administration, for whatever reason, instead of holding them accountable in any way. In fact, the former head of PPMU at this facility recently “retired” from DOC and was hired by CoreCivic to a lucrative, high-ranking position (Chief of Unit Management) at this very facility. No potential for conflict of interest there, right?

The grievance procedure is a complete joke around here. Each step of a grievance can take up to 2 months to receive a response, although denying that any issues exist is hardly any sort of helpful response. By the time a DOC employee becomes involved, several months have passed and either they are lied to by facility staff, or they lie to the prisoner. Either way, nothing is done about any real problems.

In my 8+ years at this prison, I have experienced a variety of changes, including now having the third warden in that time frame. In the past year – about the time the current Chief of Security and Warden, and shortly thereafter, the PPMU/Chief of Unit Mgmt., arrived – the level of violence here has skyrocketed. During most of my time here this place had remained largely peaceful, if mismanaged to some degree, however, now that new “security protocols” have been implemented (such as creating two “compounds” from the one, making one dangerously understaffed compound the “High-security” compound), drugs have flooded this facility, despite all incoming mail being photocopied. We can’t even get photos from family anymore. The rest of Colorado DOC facilities are going through “normalization.” This private prison is only normalizing drugs, anger, and violence. With no programs and very limited rec, things will only get worse here.

I constantly encourage everyone around me who will listen to file grievances and write letters to public officials. Even if they do not solve issues in and of themselves, they create and build a record of the abuses at a particular prison, or in a state’s system. “Keep your copies!” Tell family and friends about all of the problems, change public opinion of “us” by being responsible, educated citizens who expect accountability from our government just like everyone else. When something is broken, government just pours more of its stolen money into the problem, never fixing anything (but getting more powerful in the process). We need to expose to the public what a waste the prison system is – in financial and human capital – and discourage anyone from supporting the expansion of such a broken system.

MIM(Prisons) responds: We agree with this comrade’s strategy. We should not have false illusions about reforming the system through grievances or exposure, but we also must come together and practice diligence and build our skills in fighting abuses. By doing so we can build towards real solutions.

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

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

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

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

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

Revolutionary greetings to u all! We hope everyone is prepping for the upcoming action(s) of Juneteenth, and otherwise doing well. Comrade FireWater posed a question, “How can i help Tx TeamOne with a class action suit to have Our grievances heard or to get independent oversight of the grievance system?” i’ve decided to share Our answer with all of you as it may be helpful to the Tx lumpen populace at large.

In the past few months, Tx TeamOne’s founding committee has been forming working relations with a few liberal and petty bourgeois groups for progressive improvements within the Texas Department of Criminal Justice (TDCJ). These groups include some elected officials, christian sympathizers, lawyers, radio personalities, and policy groups.

One such group is Tx Prison Reform (TPR), with whom one of Our founding committee members was able to conduct an extensive interview, establishing the basis of Our and the prison masses possible working relationship with this group. The interview will be published in their monthly newsletter and We hope to share it with u all as well. TPR is focused on the destruction of Restricted Housing Units (RHU), but is also collecting grievances and other forms of documentation to showcase the foul nature of TDCJ.

Many of u may be familiar with Tx CURE. If so you’ll know the Tx branch has been M.I.A. for awhile, but now has been reorganized by a recently released TDCJ ex-prisoner. This persyn was a leading figure behind the RACK II air conditioning lawsuit. Ey hasn’t established an actual mailing address but we have the help of a family law attorney who’ll send mailings to the head of Tx CURE. Right now, We’re looking for documented complaints regarding major issues in TDCJ. These grievances will be read in front of and by the Tx legislator at the next session. The persyn from Tx CURE will be persynally speaking on behalf of Tx inmates.

The issue of the grievance process is not a new one to us nor the state officials. The grievance system in Tx and in fact many prison systems around the country were the direct result of the Ruiz Litigation (Ruiz v. Johnson, 37 F. Supp. 2d 855 (S.D. Tex. 1999)), and since it was instated the same issues have been present. Accompanied with your grievances you should write an official statement which may also be read for/by the legislators and others. This statement should articulate the need for independent oversight of TDCJ grievance system, and make specific reference to Representative Jarvis Johnson’s 2019 House Bill which called for said oversight but has never been heard by the House. We want the 2019 House Bill 363 heard and approved by the Texas House of Representatives.

Other key points of emphasis are the excessive censorship and mail tampering and its socio-political nature. With the recent escape & man hunt We’ve found that censorship due to supposed security threats has picked up. MIM materials have been the target of much excessive censorship.

For those who don’t know the demographics are slowly but surely shifting. Due to national gentrification, the thriving industries in the state, and no state income tax, among other things, Texas is becoming younger, darker, richer, and slightly more progressive, particularly among youthful citizens. An essential contradiction in Tx is that of the rural vs. urban population and the culture wars, and fight for resources this intensifies. Urban populations tend to be darker, more liberal/progressive (not revolutionary though) and lean left of center on prison issues among others. Bernie Sanders’ organization “Our Revolution” has been pushing campaigns by petty bourgeois, Democratic Socialist elements around the country for the last several years and now this present election cycle they have several candidates who’re challenging the districts of the old guard Democratic Party establishment. These districts are in both rural and urban areas but mostly rural, which if successful will shift state electoral bourgeois politics for the next decade or so.

A key point of emphasis for these so-called New Left Democrats is Prison Reform. This will open organizing doors for revolutionaries within the walls and those who support us.

i share all this because elements from the New Left Democrats and some from a more moderate approach have championed and made possible a new committee to ‘Study Tx Criminal Justice Issues.’ They’re excepting documentary information from now until October on a wide range of issues covering initial interaction with police, to jail policies & conditions, Grand Jury issues, sentencing, and finally prison conditions. Below i will include their addresses along with those of the lawyer, and the groups i mentioned have been establishing working relationships with.

p.s. We’re also happy to announce the present development of a Tx TEAMONE committee in Smith Unit.

i hope this information is useful.

For many years, MIM Distributors has been providing legal resources to prisoners in Texas, including the Texas Department of Criminal Justice(TDCJ)’s own Grievance Operations Manual. In 2010, USW launched the grievance campaign in Texas, developing petitions to notify regulatory bodies when the TDCJ was violating its own grievance process. Four years later a comrade reported that on 30 September 2014 the TDCJ removed the Grievance Operations Manual, which lays out the TDCJ’s relevant code and policies, from all prison libraries(1) where it used to be available for prisoners to reference. Soon after, MIM Distributors began offering this document to comrades who were trying to fight grievances they had against the TDCJ.

In May 2019, we received a report from a comrade that the copy of the Grievance Operations Manual we sent em had been confiscated by a Correctional Officer(C.O.) in the law library!(2)

Turns out, they have continued to step things up a notch to keep this public information out of the hands of prisoners. On 12 January 2022, MIM Distributors was notified by the staff that the TDCJ Grievance Operation Manual was censored at McConnell Unit on 10 December 2021 for the following reason:

“in contradiction with BP-03.91, Uniform Offender Correspondence Rules”

That was all the detail given. And we have not determined any portion of BP-03.91 that could possibly be applied to TDCJ’s own public policies. These types of cases should be easy wins for us. Unfortunately, we do not have the support we used to have to deal with prison administrators and hold them accountable. Outside supporters, get in touch to help us rebuild our capacity to fight these blatant injustices. Comrades inside that are falling victim to this repression, keep filing paperwork and provide us with all the info you can on what is going on.

<sup>notes: 1. A Texas Prisoner, November 2014, Texas Hides Grievance Manual from Prisoners, Under Lock & Key 42.
2. A Texas Prisoner, May 2019, Texas Confiscating Offender’s Grievance Operations Manual.</sup>