Under Lock & Key

As many of our readers know, one of the primary obstacles MIM(Prisons) and AIPS face in our work is the censorship of our mail by prison administrators. In ULK 86, we published a censorship report detailing some of the brazen lies these administrators use to justify withholding mail from their rightful recipients. Not much has changed on this front, but that’s to be expected. After all, did we really expect the pigs to stop their oinking?

At the same time, our efforts to combat this censorship have not wavered. We have continued to respond to every instance of censorship we receive notice about, whether that notice be from the prison itself or from a comrade on the inside. Since our last report, we have issued over 20 appeals to censorship cases which have included more than 50 letters being sent to prisoners, wardens, and various government institutions. Unfortunately, most of the appeals we send out do not result in successes where our mailed materials get to their intended recipients. The most frequent conclusion of our appeals is that the prison simply stops responding to our communications. Even when we play by their rules, the oppressors still can decide, at any point, to do whatever it is they want. This is exemplified by the following case of censorship in Georgia.

Georgia and CoreCivic

Back in October 2024, we received several letters we sent to prisoners at Coffee Correctional Facility in Nicholls, Georgia marked “Return to Sender” and “Unauthorized Materials”. The materials we sent them were, ironically enough, our guide to fighting censorship as well as our unconfirmed mail form simply asking whether they received the materials we had previously sent. When we tried to file an appeal for this censorship and to follow up with the prisoners at this facility over the proceeding months, all of our attempts were returned with the word “BANNED” handwritten on the envelopes. It is worth noting that Coffee CF is ran by the company CoreCivic and that we have had similar issues with getting mail to prisoners located at other CoreCivic-ran facilities.

The U.$. courts have ruled that prisons are not allowed to institute blanket bans on materials sent from a publisher, yet this is exactly what has happened to us at Coffee CF. Despite the fact that the materials contained nothing that could be construed as a “security threat” (a favorite of the pigs that work in the mail room), the prison administration has refused to address anything we sent them. The lesson here is the same as outlined above: the government and prisons make up endless rules, protocols, and policies while selectively choosing, on any given day, which to follow and which to discard. The natural question, then, is, why do we commit to fighting censorship when our efforts can be nullified by any random C.O. working in the mail room?

Censorship as a Site of Struggle

It is common in political spaces for people to talk about “human rights”. Endless debate is had over defining what exactly a “human right” is and when it is okay to violate said rights (which is typically just a post-hoc justification of the abuse and murder of the oppressed). We here at MIM(Prisons) and AIPS, however, disdain the very category of “human rights” itself. We say that there are no rights, there are only power struggles.

Thus, when we discuss a subject such as censorship in prisons, there are two ways to view it. From one perspective, the prisons are infringing on the rights of prisoners as established by government institutions and this is morally incorrect because violating someone’s rights is intrinsically wrong. An alternative perspective, and the one we in MIM(Prisons) and AIPS advocate for, is that prisoners receiving mail and prison administrators deciding what mail to censor are two competing forces who are engaged in a struggle for political power. When you view the world through this lens, it becomes clear that discussions over “human rights” are nothing more than a way to obfuscate the underlying struggles taking place. The state says you have the “right” to send and receive mail while in prison, but provides endless stipulations on this “right”: you can’t send too many pages, your mail has to be formatted in this way, you can’t have this type of image, you can’t say these certain combinations of words, and you certainly can’t suggest any unorthodox political ideas.

Our fight against censorship, then, should not be misconstrued as us capitulating to the logic of the Amerikan state which claims to uphold the “rights” of all. We see reality for what it is. When we push back against prison censorship, we are standing on the side of prisoners in their struggle for power against the oppressors of the U.$. state. We stand for the oppressed. We stand for you. Won’t you stand with us in this struggle for power?

An Arkansas prisoners reports 11 December 2024: At Larry Norris Unit (formerly known as Tucker Max Unit) in Arkansas, the captain on night shift was doing his daily “legal mail” to inmates. They are now bringing a shredder/copy machine/cam recorder for the legal mail. They turn the camera on, give you the ledger to sign stating you were expecting the mail, they open and check your mail, copy it off, then they shred it. The captain also said they just started this today. ADC (Arkansas Department of Corrections) has a policy saying before any new policy takes effect, a memo is supposed to go out 30 days in advanced so everyone can be informed. This is a violation of our attorney-client communications. I have been reading my “Prison Litigation Manual” and I haven’t read any other cases where they copied legal mail. They do copy regular mail but not legal mail.

In Arkansas we don’t have a lot of writ writers and there’s no unity among the prisoners to stand up for anything. I’m still learning that the prisons, courts, everyone works together. You said something in your last letter “Freedom from oppression can’t be won through the courts. The law is a tool of the oppressor.” Break that down some more. Guys were telling me it’s a dirty game and even the law books don’t give you the truth. I’m 23 and still learning all of this but I know I can’t win with violence. Please get back at me and spread the word. Thank you.

I also read about the book ban as well; they’re doing that in Arkansas, you can only order from 1) Bargain book catalog 2) Books a Million 3) Barnes and Noble. You can’t order from Amazon or anywhere, how are the other states fighting it?

A Federal prisoner at USP Tucson reports 25 February 2025: Yesterday, February 25th, I got mail through the regular mail call and got documents from the Supreme Court… THE Supreme Court. It contained 3 pages from the Office of the Clerk dated 5 February 2025.

I thought, “Why didn’t I get this through Legal Mail?” Documents from the Supreme Court is LEGAL mail, even if it is not marked as such. By policy staff are supposed to make an intelligent attempt to determine if the address is actually a legal address or not. But this would not apply to nationally known addresses, like the White House, or a United States Senator… or the Supreme Court! which also states “Official Business” on it.

I also noticed that my mail was photocopied. Why would the mailroom staff make copies of documents from the Supreme Court, without my knowledge? The general idea of making copies was to prevent the introduction of drugs into the prison, but surely USP Tucson is not accusing the Supreme Court of sending contraband, are they?

In addition to this tampering with my legal mail, the letter got to me on 25 February. Even if we allowed 5-6 days to deliver from Washington DC to Tucson, that is almost TWO WEEKS before I got the document.

MIM(Prisons) responds: In response to our comrade in Arkansas, we will try to break down what we said in ULK 87 another way. You mention people telling you the injustice system is a dirty game. That is true, it exists to maintain the system of power of some groups of people over others. Some will conclude there is no point in fighting because in prison we have no rights anyway. This is not a crazy conclusion to come to based on what one sees happening around you in prison, but it is a defeatist and limited view of things.

MIM(Prisons) works to support prisoners organizing against the system of oppression. That organizing requires filing paperwork and waging legal battles. But it is not the legal battles that are decisive, it is the oppressed working together. There are no rights, only power struggles. If we stop struggling, that’s when we’ll have no rights. That is why to say there’s no point in fighting injustice is a defeatist approach.

What too many of our readers fail to grasp is that, as a group, we will not be free until we seize freedom from the oppressors. And we cannot do that as individuals. Rather the majority of the world’s people are oppressed by the current system of imperialism. We work in alliance with that majority to change that system. The courts are part of the existing system. The system can be used to gain some breathing room here and there because the oppressor wants to fool others into believing they are not oppressing people. The system however will not let you change the system, that requires other forms of organizing.

Basic rights like legal privilege to communicate with your lawyer, First Amendment rights to read and communicate with who you want are important protections for the oppressed to be able to defend themselves and develop themselves. As long as the system claims to uphold these rights, we must fight to have them implemented.

Revolutionary greetings comrades. To take the words of Comrade Triumphant of USW’s headline in his powerful article in ULK 83: the Minnesota Department of Corrections “joins list of states using digital mail to disrupt and surveil communications.”(1)

As all dedicated readers of ULK know well, this has been a constant pattern and practice of the fascist predatory pig administrations across AmeriKKKa’s carceral apparatuses contracting with these pig-assisting surveillance companies, such as TextBehind.

On 30 October 2024, the pigs here at so-called Maximum Security Prison - Oak Park Heights distributed the enclosed TextBehind flyer announcing that beginning 1 November 2024, all general mail to prisoners must be sent to TextBehind located in Phoenix, Maryland to be scanned, then re-routed over here to us. Come to find out, every person in the state of Minnesota received this same flyer. Notably, the flyer says that TextBehind does not accept legal mail. However, the Oak Park Heights PIG Administration issued additional memos, those of which I have obtained copies of and enclosed with this letter, outlining policy changes/changes to the definitions of what constitutes legal mail. As shown, the memos mention that some sort of “verification” device, QR code that attorneys must obtain before sending correspondence to their imprisoned clients.

Have you comrades heard of this type of process taking place anywhere else in terms of legal mail?

About a month or so prior to this mail memo, another memo was issued by the pigs (which I haven’t yet obtained a copy of) removing Amazon as an “approved vendor” that we as well as our family and friends can order us books from. The options we were left with are companies that don’t carry a lot of titles, like Blood In My Eye by George L. Jackson; Our Enemies in Blue: Police and Power in America by Kristian Williams; We Reserve the Right to Resist: Prison Wars and Black Resistance by Dequi Kioni-Sadiki; and Black Power Afterlives by Sekou Odinga and Dequi Kioni-Sadiki.

This change was allegedly because of “drugs.”

The entire captive population has been under relentless terroristic attack all under the guise of drugs coming through the mail. Captives are being falsely accused by pigs of being “intoxicated” and sent to solitary confinement even after drug and alcohol testing results are negative; captives have had their visitation and phones wrongfully taken; comrades have had every single piece of paper in their cells confiscated and destroyed by the pigs. I’m talking about one’s trial transcripts, legal documents, book manuscripts, poems, letters, etc.

The strip searches have been incessant. Literally blitzkriegs of sexual assault strip searches. In relation to strip searches in general, I’ve been struggling to end them across the states men’s prisons in Minnesota to be replaced with body scanners. In the women’s prison, they successfully campaigned to have unclothed body searches replaced with body scanners. Minnesota effectively banned the use of strip searches on juveniles. I had an article published on this topic in a local newspaper.(2)

In terms of the mail issue, myself and a few other captives who’ve had their mail from courts opened are exhausting our administrative remedies (grievance process) and conducting research into this issue to bring challenge to this policy in the courts – the struggle is constant.

<sup>Notes: 1. Triumphant of United Struggle from Within, August 2023, “TDCJ Joins List of States Using Digital Mail to Disrupt and Surveil Communications”, Under Lock & Key 83.
2. Shavelle Chavez-Nelson, 4 September 2024, ​Strip searches are sexual assaults by the state”, Minnesota Spokesman Recorder.</sup>

In all ways but name Minnesota Sex Offender Program (MSOP) is a prison where we’re all serving indeterminate (de facto life) sentences as preventative detention for future crimes we will never commit. After we completed our DOC prison sentences, they transferred us to this “secure treatment facility” run by DHS instead of DOC. About the only difference from DOC is that, despite calling us “clients,” we are actually patients and thus have some additional legal protections under the Minnesota Patient Bill of Rights (§ 144.651). The biggest is our right to organize and run a “Resident Advisory Family Council” (RAFC) that allows our elected patient council to participate in weekly video meetings with outside support. Our outside support has grown from family members to also include attorneys, therapists, ministers and even a retired legislator. Once a month we meet for an hour with the facility director, clinical director and Ombudsman to present our proposals for policy changes.

Some policy changes we’ve helped bring about include the ability for patients to call toll-free numbers, allowing patients to seek post-secondary educational opportunities, promoting voter registration and the in-person voting process recently signed into law.

The RAFC also worked directly with the Mitchell-Hanline School of Law and provided input on their 1 April 2024 open letter to Governor Tim Walz that was signed by 100 notable individuals and organizations. This scathing report calls for MSOP to be sunset and the $110 million dollar yearly operating expense be reinvested in proven victim advocacy programs.

This year our RAFC also sponsored a very successful “freedom” themed 4th of July Writing Contest that resulted in 45 patients submitting 111 poems, stories and essays.

Realizing that incorrect data in our records was being used against us when applying for transfers to less restrictive alternatives, the RAFC wrote an educational how-to brochure entitled “How To Do a Data Challenge” that we distributed to fellow patients. MSOP retaliated by giving me a disciplinary violation notice for handing this brochure to another patient before group instead of mailing it to him.

But the brochures worked and the Executive Director was overwhelmed with data challenges and started extending the deadline to respond. I finally filed a request for an advisory opinion from the commissioner of administration on this issue, and a 15 July 2024 advisory opinion #24-001 was issued (https://mn.gov/admin/data-practices). This four page report cites the executive director’s violation of the 30-day statutory deadline in responding to data challenges and noted that she didn’t have the authority to change the law.

On 10 September 2024 my first data challenge appeal went to a formal contested case hearing in front of an administrative law judge. During the four hour hearing, a fellow patient and two therapists were called as witnesses and MSOP was represented by the Attorney General’s office. Thankfully my 87-year-old father is still a licensed attorney, so he stepped in and hit a home run. We won the data challenge appeal and on 3 January 2025 my (now former) therapist received the judge’s court order to add a single sentence to my quarterly report. That’s coincidentally the same day the facility decided I should be moved to another treatment team on another living unit… exactly what I had been requesting for the last year!

So it’s a great start to a new year, with lots more victories in store. Remember, the secret is don’t ever, ever give up!

Welcome to the revolution! This is Alien tappin in with a response to ULK 87 article “How To Get Grievances Heard In Arkansas.”

I actually did many years in the Arizona Department of Corrections. The last six of those years was spent in the max (Brickeys/Cummins), cuz I ‘bucked’ on em repeatedly. I’ve personally been through years of what this Arkansas prisoner is describing. I filed hundreds of grievances and they always responded with a denial of allegations and found the grievance without merit, as this Arkansas prisoner said. I’ve also had similar experiences with the disciplining hearings, with disciplinary hearing officers, like ‘no-socks’, cutting the hearing camera off on me mid hearing and automatically finding me guilty, etc. For the longest time I held yards/showers down, barricaded cells with spears, stabbed people, flooded toilets, busted sprinklers, slipped cuff and attacked pigs to get justice, but I learned several things towards the end of my set that helped a lot.

So when you – this Arkansas prisoner – ask what to do I decided to give you a few answers in the long/short term; it’s inspiring to see fellow Arkansas comrades goin’ down the same path as me, while “fighting and spreading the word” in chains.

Okay, so in the short-term, request the prisoner’s self-help litigation manual (4th edition) from the law library, they usually keep several torn-up copies of them on hand, go to the exhaustion of remedies section and pull up the case law at the bottom of the pages to “shepherdize”. In 2016, while I was at Brickeys, Prison Legal News sent me a free copy of their magazine and it had a case in there from the Supreme Court that says that when a remedy (grievance) is unavailable, then it is a “dead-end” process and doesn’t have to be exhausted.

What I’m getting at is that there are certain circumstances (such as when you’re being retaliated against as a result of exhausting your remedies) that enable you to file the 42 U.S.C. §1983 lawsuit, without completing the grievance process. You just gotta explain to the courts in the §1983 complaint package why you had “no available remedy to exhaust”, which sucks, cuz then you gotta survive a “summary judgement motion” – it’s not easy either – once you file the lawsuit. The Arkansas pigs are aware of this, which is why they don’t mind not signing grievances or doin’ anything about your grievances once signed. Plus they’re aware that the chances of them gettin’ sued are low. Successfully sue them a couple times and watch their attitude adjust. I personally went through this and didn’t get to finish the lawsuits cuz the pigs where I am now trashed all my files.

Don’t just take my word for it though. Study into the case law on grievance exhaustion and go from there (there’s no way to cover all the case law inside of one article). If you don’t know how to shepherdize cases, the book I told you about will instruct you on all that. On the bright side it’ll give you something to do in the max. Get in the law library, cuz while grievances don’t work in Arkansas, lawsuits do.

In the long term, I plan on collaborating with MIM(Prisons) to get a campaign going against the PLRA (Prison Litigation Reform Act §1997) – we’ll call it the “PLRA campaign”. The PLRA is what demands that prisoners exhaust all available remedies, prior to filing any Bivens/42 U.S.C. §1983 lawsuits (Bivens are filed against the federal government, while §1983 is for the state/local level). According to the 1st Amendment of the U.$. Constitution we have the right to “petition the government for redress of grievances.” And according to the 14th Amendment of the U.$. Constitution we have a right to equal protection. The PLRA violates both the 1st and 14th Amendments and I intend to organize a class action challenging the constitutionality of the PLRA, through the PLRA campaign.

1. In theory, our ability to “petition the government for redress of grievances” is life-threatening and often injurious, cuz we’re forced to exhaust dangerous grievances, prior to filing §1983’s. The fact is that prisoners can and do get killed and fucked off – injured – for filing grievances nation-wide. Filing grievances is dangerous in an infinite amount of ways. They can’t legally force us to participate in a grievance process that’s going to get us stabbed in the neck or jumped on by fuck-boys, who are often in collaboration with the pigs. We are unable to petition the government if doin’ so is going to get us hurt in any kind of way. We can prove in a trial that it’s common knowledge that guards, nation-wide, are capable of silencing and do silence prisoner litigants’ petitions through retaliation which intimidates many prisoners from initiating grievances or lawsuits. The feds spent decades tryin’ to take down the five Italian mafia families, in part for silencing litigants, so why not help us take down the pigs’ PLRA, which is essentially a technical loophole that they use to evade justice or trials and silence litigants with mafia-like tactics.

The whole “deliberate indifference” standard that applies to 8th Amendment (cruel and unusual punishment) lawsuits wouldn’t apply in a 1st Amendment claim. We’d be arguing that the PLRA exhaustion requirement is “abridgement”, which doesn’t necessarily have to be deliberately indifferent.

2. The PLRA violates the 14th Amendment cuz the prison class can’t seek redress for mental injuries without there being a physical injury, and the non-prisoner class can seek redress for mental injuries even if there isn’t any physical injuries involved, which is unequal protection. Shutting the doors of the courts in prisoners’ faces so that we can’t seek redress for mental injuries doesn’t allow us equal access to the courts, which also violates the 1st Amendment. An injury is an injury. Take it from me, a severely mentally ill prisoner, when I say that many mental injuries are just as bad, if not worse than, physical injuries. Suffering from mental injuries is also a “grievance” that we should be able to “petition the government for redress” for, under the 1st Amendment. We have to ask ourselves what the aim of the PLRA is when it comes to barring us from the courts for redress of mental or psychological grievances? I think that the answer to the question is obvious and speaks volumes.

How would the prison system look without the PLRA? The PLRA is an obstacle standing in our way of combating the number one form of psychological torture of the Amerikan nation’s prison system – control units. And this is due to the fact that we can’t sue anyone for the mental injuries involved with doing hole time if it doesn’t cause physical injuries, and doing hole time, by itself, doesn’t cause physical injuries. If we can successfully take down the PLRA, then we can sue to receive compensation when we suffer mental injuries as a result of doing long-term hole or max time, without there being any physical injuries. If they have to compensate prisoners every time somebody suffers a mental injury as a result of living long-term in control units, they may lean more towards changing living conditions in the hole (such as giving one access to books, radios, phones, jobs, fixing temperature issues, etc.), flat out abolishing the control units, or reducing length of control unit sentences.

Anything mentally injurious going on inside of the prison that is simply for revenge-based punishments and not for security purposes could then lead to mass amounts of compensation. The compensation will deter psychological torture and amplify mental-health treatments.

The last aspect of taking down the PLRA is that prisoners would no longer have to exhaust remedies in order to file Bivens/§1983s. If we can end the PLRA in the long term, then this would end the grievance campaign altogether.

With that I’ll close. I hope my response was helpful.

The methods of oppression are ever evolving to suppress the masses. The people must realize that revolution and resistance is a science, not rooted in emotion. Being a prisoner of war, enslaved by the state of Illinois, I have learned that resistance to my oppression must be calculated and strategic.

To all comrades held by the beast, learn the law! Stop allowing the State to offer you meaningless distractions that prevent you from fighting against this system. We must learn to use the weapons we got. Understand, comrades, the pigs are trained and equipped to handle any form of physical resistance, but they lack any true method to handle a revolutionary mind.

Resist by challenging all conditions of your enslavement, use their laws against them. Utilize every tool available to you. All peer advocates/jailhouse lawyers must unite to teach all that they know. Don’t let false titles keep us from uniting. Don’t let organizational ties, race, ideological stance, or religion stop us from coming together to fight against this system.

We must be organized and disciplined in our approach. Educate yourselves, train your mind & bodies, read every day! Write every day! Fuck that TV or tablet, get in the law library! All corporate media is a lie! Unburden yourself from that illusion. A pig’s nature is to consume uncontrollably, don’t be a pig or a pig sympathizer by allowing their oppression of you to go unchecked! Master everything you commit yourself to studying, revolutionize your mind. If the system doesn’t fear your physicality, it fears your mind, or should I say, the potential of what your mind can become!

“The heart of a soldier with the brain to teach a whole nation…” 2pac/No More Pain

In Solidarity

Recently, in my heathen circle, we experienced some religious backlash. An offender was caught/told on for passing a kite/note. The note had nothing in it damaging, but it’s classified as trafficking here. Noted. But the heathen caught was punished with threats to demote his legal proceeding; a sentence modification, and threatened. Denounce your faith, cut your hair, and join a more “realistic” faith, or face serious punishment including solitary confinement for “investigation”. Personally I was outraged. We should be “free” from religious prosecution, even in prison. Just punish the man normally, leave his faith off the table, and allow the punishment to fit the crime. Heathenism carries with it heavy undertones in prison, and we do not preach hate or separatism. We follow and pray to Gods and give thanks, nothing more. Brothers, keep your head up and avoid feeding into the hype. Hailsa! And thank the ULK for giving us a voice!

I recently received my first Under Lock and Key (Winter 2023, No. 80) newsletter. I really wish I’d been receiving it years ago, cuz it’s a good read, and very informative.

Just read page 7. Drug addiction remains a primary barrier to unity, and I would like more info on United Struggle from Within’s Revolutionary 12 Step training program. And if, and how, I can get involved, cause here in the Illinois prison system, drugs have become a major issue, especially since Covid hit. Prisoners are having their people dip/spray letters, cards, books, magazines, and even obituaries with drugs and other chemicals in order to eat or smoke the paper to get some type of high. Whatever these guys are smoking is causing them to have episodes such as freaking out, seizures, and even O.D.ing. It’s so bad at times you can see a smoke cloud in the air, and C.O.’s, Sgt’s, Lt’s, and even Major’s have been on a wing during this and have done nothing but tell the wing to put that shit out and spray something in order to cover up the odor, and they’ve even said, smoke it at your own risk and don’t call for help if you O.D. There ain’t a unit, wing, or housing that don’t have an issue with this stuff. Seg and even the infirmary are smoking it up. To a point the staff have given up trying to get this under control and these substances have caused multiple issues for all of us in here.

They’ve gotten real strict on the mail and what we receive and how we receive mail such as letters, cards, photos, and books/magazines. They’ve told us that our letters can’t be more than 3 pages, we can’t receive 2-ply cards, and they can’t have any glitter on them. All photos have to go through a company such as Freeprints or Pelipost, can’t come from our family, friends, Walmart, or Walgreens any more. All books and magazines must come from a vendor or company, and even then, a lot is not allowed, no hard cover books, and can’t be over a certain size.

Also, it plays on us prisoners that have health issues and altered immune systems such as myself. I have breathing issues and I’ve even had a sinus surgery in order to open my nose so I could breathe better. And I use a rescue inhaler and have been put in by my surgeon to have a sleep study done due to my breathing and my surgeon has even said that I need a CPAP machine which is what the sleep study is for.

I’ve even gotten into arguments/fights with cellies that I’ve had over them wanting to smoke this stuff.

I have wrote the warden and the placement officer multiple times, the warden has never responded. And it took me three times writing the placement officer before I got a response. I had asked, “which wings exactly are the non-smoking wings?” “This is a smoke-free institution.”, word-for-word the response I was given.

Staff C.O.’s and nurses crack jokes and talk about how bad the smoking is on a unit or on a wing, and I’ve heard/been told by a few C.O.’s and nurses that some staff have lawsuits in due to them coming in contact with said substance and/or smoke.

There is nowhere in this prison that is smoke free, and with them not having a place for those of us that don’t want to be around this stuff, they are putting us in harm’s way and putting our health at risk.

A couple questions: is this a violation of my rights? What should/can I do about it?

Please help me if you can, thank you!

Please send me the Grievance Campaign – petition for Illinois.

MIM(Prisons) responds: This is the same story we’ve been hearing across the country, and one of the reasons we launched our Revolutionary 12 Step program when we did. It’s almost as if this drug plague prisoners are facing was intentional. You should have received a copy of our 12 Step program by now. Unfortunately we do not have an active training program. But we are looking for experienced comrades to restart our training program, and for comrades on the ground to implement the program and send in reports on its successes and failures and how to improve it. This is an important challenge that the anti-imperialist prison movement must overcome to be successful.

Is the smoke a violation of the law? Yes, as the staff told you it is a non-smoking facility and you have a legal right to not be exposed to second hand smoke there. The Smoke-Free Illinois Act (SFIA) of 2008 forbids smoking in all buildings (with exceptions like homes and designated hotel rooms), where smoking is defined as:

“Smoke” or “smoking” means the carrying, smoking, burning, inhaling, or exhaling of any kind of lighted pipe, cigar, cigarette, hookah, weed, herbs, or any other lighted smoking equipment. “Smoke” or “smoking” includes the use of an electronic cigarette.

Is the smoke a violation of your rights? Well, we’d say there are no rights, only power struggles. So you can use the SFIA to grieve this issue, but if they don’t listen you’ll have to get organized, find allies inside or outside and apply pressure. We’ve sent you the grievance petition, this is one tool you can use to try to organize people around this issue.

The oppression which prisoners face in this country is one result of the global system of imperialism whose primary victims are the oppressed nations globally, meaning that this system is our primary enemy. We must spread the word that prisoners in this country are suffering because the Amerikan empire’s wealth is based on class and national barriers; the Amerikan nation does not want to share its privileged position with Black and Brown people, so they restrict them from employment, from education, from housing, and force them into a life in the “underground.” The solution for the oppressed is not to fight to get into the club, but to unite with the oppressed in the Third World to destroy the club system as a whole and build a socialist world. A world where peoples’ needs are put first, not the current world where people are constantly struggling for petty basic rights like not to have your life threatened by toxic smoke.

In May of this year, Texas governor greg abbott pardoned a man named daniel perry. Some of you may remember the incident in which daniel was convicted of murder. Recall the summer of 2020. The hope, optimism and liberty many felt as they bum-rushed the streets in protest in cities worldwide decrying anti-blackness.

In the midst of this surge of proactive and progressive human energy after the murders of George Floyd, Ahmaud Arbery and Breonna Taylor, was a tag team, husband and wife duo in Austin, Texas. Austin, the state capital, was the most active and longstanding protest site in the state during that summer. In the eye of this storm was Garrett Foster and eir wife, Whitney Mitchell. Mitchell, who was confined to a wheelchair, wanted to be involved in the ground swelling movement of humynity, and would not let being confined to a wheel-chair detour em. Garrett was eir guide and aid.

Garrett and eir wife attended many of the protests that summer, mostly centered around the police headquarters and state capital in downtown Austin. Garrett, a u.$. air force veteran, routinely adorned fatigues and carried a rifle which ey was legally permitted to possess by the laws of the state. In July of 2020, while walking and escorting eir wife Whitney down Congress Avenue, Garrett and daniel got into a verbal altercation. daniel was an Uber driver and was on the job. daniel was also legally armed. daniel, behind the protection of an Uber vehicle, began revving eir engine up in order to intimidate protesters. Mr. Foster addressed this behavior verbally and after doing so, daniel rolled down the window and shot Garrett Foster multiple times, killing em.

During the pre-trial proceedings, this case, along with the case of kyle rittenhouse, received a swarm of media attention on conservative networks. The neo-confederates believed that the two white supremacists’ acts of murder had struck a blow for all of them (them being the white settler amerikans, particularly the neo-confederacy).

At that time in 2020, greg abbott appeared on the tucker carlson show and vowed that in the event of guilt ey would pardon daniel perry. In May, abbott made good on this vow and pardoned daniel perry, stating that ey “stood his ground”.

i hope this news upsets the reader. At the very least i hope this news brings you in on the not so little secret my comrades and i have long known. You wanna know what that secret is? Sure, i’ll tell you. THERE IS NO SUCH THING AS LAW, ONLY POWER STRUGGLES.

The good, if i can even call it that, is that some will see this and finally realize the illegitimacy of law in Texas and amerikan society. To understand why this was such a thrust and showcase of reactionary power, we have to understand the history of the pardon and commutation in Texas. Briefly, in the 1980’s the legislature passed measures to limit the power of the governor to pardon and commute sentences. What they passed made sure that in the case of pardons, at least 10 of 18 members of the Pardons and Parole Board, all of which are appointed by the governor, would have to recommend a pardon. All 18 members recommended the pardon of daniel perry. A spit in the face of bourgeois democracy and the bourgeois legal process. So now We can see that it’s okay not to play by the rules, this will free us of some of our handicapping hang-ups. Will you step up and commit to wrestling power out of the hands of tyranny? We All Have A Choice To Make; Power to the People! Power to New Afrika!

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.