Under Lock & Key

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

I’m writing because I’ve had two or three letters from you denied here at Wynne Unit, they say “the information contains messages of hatred and statements that could start riots”. Of course, I disagreed and wasn’t given the opportunity to appeal it by the Texas Director’s Review Committee.

Secondly, place this in your next issue: I won a §1983 Suit in Texas dealing with the beard and hair policy. Specifically you can wear goatees, dreads, and braids than “they’ve now said one big braid”. The case log is Newman v. Marfo 4:19-CU-00352 and, now I have a retaliation claim which is Newman v. Bowers 4:22-CU-01649 because these officials are still giving cases creating a related injury and causal connection due to this being directly related to my, as well as our, protected conduct guarded by the 1st Amendment Constitutional Right.

Please post this because we only suffered in Texas prisons because the residents are weak and have no real hope and don’t acquire the will to believe we have the power to fight legally without physical contact but, by our minds. I also started another claim for another resident for abolishing the 1996 clause that says if we meet the standard for release, they don’t have to let us go; signed by former President Clinton and Joe Biden. So, when Biden duped blacks to break all those records getting him in office why didn’t he unsign it?

Hey fellas,

I got a correspondence letter from y’all a couple of weeks ago that was denied for “contents which would incite a disturbance”. First, I asked if the letter was “Media Correspondence” and the chick said “yeah”. So I’m like “Who denied it and why was it opened without my presence?” Of course, she didn’t want to give no name – neither hers or of whoever denied it. So I refused to sign. I did try to appeal, but after refusing to sign I’m sure they just threw it away. So I don’t know if you’re acknowledged as a media correspondent or not, or if they got you some kind of watch list. I know what policy says and if they do it again I’ll grieve that ass hard. I’m sure you been banned ever since you got those Texas Pack’s out. They won’t let that in, or any regular mail you send. But it’s too late.

I did all I could and spread the word in the Allred law library – shit was a hit. They (TDCJ) call it inciting a disturbance, but we all know that it’s all the information we should be entitled to have to fight the negligence, abuse, and misinterpretation of state and federal laws. This unit has a loooong history of violating its own policy and civil rights with impunity. The grievance department, to medical and everything in between, is set up this way. People like me who are in the know and work to expose the corruption are either shipped elsewhere, or if they don’t have outside help, are “rolled” off the unit with an ass whoopin and/or false charges. They do this to protect the “overall safety and security of the institution” that they have going.

I’ve only been here since February 2022 and have been either a witness or victim of every violation but murder. My biggest gripes were that the P4s (safe keeping G4) are religiously discriminated on and refused worship services unless they are of the mainstream faith. The trans-women have no privacy screens to cover their breast in the shower areas. Exposing them to voyeurism when there is no “exigent circumstance”. P4s are stuck in the cell during the peak heat of the day, even the hottest of days, everyday. Respite, and respite showers do not exist during such times. Cold water is only offered if they are lucky enough to have a janitor there to pass it out. The cops sure as hell ain’t doing it. It’s fucked up. I just got off that custody but I still feel for ’em and want to help cause I’ve never seen such animosity and neglect towards a population. There are only a little over 30 P4s on the unit, almost 1/2 are trans women. They should be protected, but instead are targeted. That’s bout all I got for now.

Please hit me back when you can.

As of March 2018, the North Carolina prison system must recognize humanism as a faith group, allowing its adherents locked within the imperialistic belly of the beast the opportunity to meet and study their beliefs, a federal judge has ruled. The American Humanism Association, and a prisoner with a life sentence, sued state Department of Public Safety officials in 2015. Prison leaders were accused of violating the religious establishment and equal protection clauses of the Constitution by repeatedly denying recognition. U.S. District Judge Terrence Boyle (Eastern District NC) wrote that prison officials failed to justify treating humanism differently from those religions already recognized within the walls of oppression. Humanist prisoners have the same Constitutional rights to study and discuss their values as a group – non-theistic.

Since Judge Boyle’s ruling, some individuals have reported to Convicts of Righteous, Reform and Liberation (CORRAL), that they are faced with harassment – cell property searches up to eight times a day, water being turned off, mail delayed, and structure issues. One of our board members spoke with the “admpigs”, providing a copy of this ruling. And we have been able to establish some middle ground.

CORRAL is a united group that non-violently addresses issues affecting those incarcerated. MIM has been instrumental in our quest, and we are proud to be in association. We developed our study group and board. We have three chapters. “Imperialism must be defeated”, so we do our part. Our motto: “Conscience stimulation, comes from education – which propagates liberation!”

MIM(Prisons) responds: This is a progressive victory for prisoners in North Carolina. One of the strategic areas our movement focuses on is defending the Constitutional rights of affiliation and association of prisoners of the United $tates. This is particularly good news in the context of protecting the rights of humanists to come together and discuss their values and beliefs. The first line of the Wikipedia page on humanism reads, “Humanism is a philosophical and ethical stance that emphasizes the value and agency of human beings, individually and collectively, and generally prefers critical thinking and evidence (rationalism and empiricism) over acceptance of dogma or superstition.” While there are many forms of humanism and many insightful critiques of it, in general it is a belief in progressive change at the hands of humyns.

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

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

Board of State and Community Corrections (BSCC)
2590 Venture Oaks Way Suite 200
Sacramento, CA 95833

Prison Law Office
General Delivery
San Quentin, CA 94964

Internal Affairs CDCR
10111 Old Placerville Rd, Ste 200
Sacramento, CA 95872

CDCR Office of Ombudsman
1515 S Street, Room 311 S
Sacramento, CA 95811

U.S. Department of Justice - Civil Rights Division
Special Litigation Section
950 Pennsylvania Ave, NW, PHB
Washington DC 20530

Office of Inspector General
HOTLINE
PO Box 9778
Arlington, VA 22219

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

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

Petition updated September 2011, July 2012, and October 2013, February 2016, November 2016

I’m a Muslim here in the New Jersey gulag. Back during the month of Ramadan, I witnessed the pigs brutally and viciously assault a fellow Muslim. I felt so strong about the incident that I wrote to the local regional FBI. And as it would turn out, they shipped the Bro out to another of the New Jersey gulags.

Well about a month after that incident, I was snatched up, and placed on temporary close custody status. A prisoner may be placed in temporary close custody for a period not to exceed 72 hours, unless there are exceptional circumstances, or substantial evidence found to warrant an extension at this time. Well I was in temporary close custody for 12 days. But the prison Special Investigative Division came to interview me regarding some info they received, stating that I was trying to rally prisoners to attack female prison guards, regarding the incident on the Bro. Now what’s funny about this whole thing is that it wasn’t only female guards who attacked my Bro. Well I offered to take a polygraph test in order to confirm my truth.

I was eventually released back into general population, with no reason as to why, and no “we made a mistake.” But I’ve come to understand over the years that the insidious prison system is used to destroy people mentally, as well as physically and spiritually. I had to report this incident, and I felt that every one of us who witnessed that brutal assault should have done the same. About 20-25 Muslim prisoners saw it, why didn’t they write reports? I had to report this incident to Under Lock & Key because these kinds of conditions need to be made known to the public outside. I don’t hear from the outside much, mostly because I’ve been forgotten about.

MIM(Prisons) responds: While we can’t say whether the brutal assault of the Muslim prisoner was related to eir religion, this comrade provides an example of where religion can serve the oppressed. If Muslim prisoners are moved to fight brutality from their religious teachings, they can be an ally of the anti-imperialist movement. In fact, we call on all religious prisoners to think about the teachings of their religion around violence and brutality and use this as motivation to join your fellow prisoners in fighting the criminal injustice system. Often religion is used as a tool to keep people passive, but revolutionaries should seek to ally with all who can be rallied to our cause. Those who are targeted for repression because of their religion, as Muslims in the U.$. often are, will be most likely to see the connections with broader oppression and join the struggle.

[Recently several prisoners wrote in to describe the religious discrimination against Muslims going on in Arkansas prisons. The Supreme Court determined that the prison must allow people to grow facial hair if this is a part of their religious beliefs, but the Delta Regional Unit continues to deny this right. Below, several correspondents explain their struggle.]

Prisoner #1: I am a Muslim and through religious beliefs I should be able to grow and groom neat facial hair. It was proven in the Supreme Court (Holt vs. Hobbs 135 S. CT. 853) that the Arkansas Department of Corrections (ADC) policy was not the least restrictive means of preventing prisoners from hiding contraband and disguising their identities. I went through all proper procedures and paperwork to get a script saying I was able to grow my facial hair through religious beliefs. I was approved by the unit Chaplain for my script, but when it came to the next step of the Warden signing off on it I was denied due to him determining if I was sincere enough. What gives the Warden the right to determine a person’s sincerity about their religious beliefs?

Prisoner #2: I am currently incarcerated at the Delta Regional Unit in Deumott, Arkansas. I have been in my walk of faith (Islam) sincerely for almost three years now. In the beginning I didn’t think that I would suffer from so much ridicule for choosing this way of life, but still, I hold my head high and continue on my walk of faith.

Sometime and somehow, this ridicule and discrimination has to cease. I am ready to come together with a group of fellow prisoner to stand up for our rights as well as the things we believe in.

The current problem that I am having involves the ADC programming policy. A law was recently passed that allows prisoners to grow their hair and/or facial hair for religious purposes only, and Muslims seem to be the majority of those who are being denied their rights, along with me as well. I am currently in the middle of a grievance process because I was denied my script. I think the problem is religious discrimination.

Prisoner #3: Warden James Gibson and the Chaplain Chuck Gladdon are violating the constitutional rights of the Muslims and other prisoners under their care. The supreme court ruled in Holt v. Hobbs that the grooming policy was a substantial burden on prisoners’ religion, by not allowing them to grow facial hair/beards. As to security concerns, the Supreme Court also said it was not the least restrictive means of stopping prisoners from hiding contraband, or disguising their identity.

The procedures are still burdensome because all the Muslims who apply for the right to wear a beard are denied automatically while the white inmates are receiving the right to grow hair or receiving a religious accommodation script from Warden Gibson and Chaplain Gladdon. Even after the Supreme Court made its ruling, this has not changed.

MIM(Prisons) responds: This denial of rights to Muslim prisoners is more than just religious discrimination. Because the majority of Muslims in Amerikkkan prisons are New Afrikan or Arab, targeting Muslims fits in with the overall system of national oppression that is especially acute within the criminal injustice system in the United $tates. Further, Amerikans like to equate Islam with terrorism in a racist attempt to denigrate entire nations. While the cultural practice of growing facial hair is not a particularly revolutionary battle relevant to the Maoist movement, this attack on oppressed nations under the guise of religious expression is important to expose.

Communists are working towards a world where all people are free to express themselves, without restrictions that come from the oppression of groups of people by others. However, we are also working towards a society where all people are provided education and scientific analysis around the false prophets and gods that religion proffers. We do not need faith in higher mystical powers, instead we need humynity to take responsibility for its own destiny and build a society where we can have faith in the ability of people to solve the problems created by people, as well as the problems we face in our material world.

Under socialism, all people will have the freedom to practice whatever religion they choose, but they will not be given the platform to proselytize for their religion and build a broader movement of mysticism. Science and scientific thinking will be the basis of education. Only this scientific method will ensure an end to oppression of all groups of people. For more on how religion was handled in communist China under Mao, ask for our religion study pack.

“Religion is what keeps the poor from killing the rich.” - Napoleon Bonaparte

It seems Napoleon had a firm understanding of the opiate of the masses. Imperialism has been using religion as a tool of oppression for hundreds of years. It isn’t any less apparent today inside the U.S. prison systems. In some cases, units offer 2-3 times as many religious classes as educational courses.

Most religions, especially Judeo-Christian ones, champion punishment, often unjustly, under the reasoning of “because I say so.” There’s no objective investigating, and nothing is circumstantial. This propaganda is flooded into the prison system to create the mindset that prisoners are bad people and do not belong in society. This also helps the people in the free world who do not see us as deserving of human rights. So they allow the imperialistic oppression to continue. Criminals shouldn’t be punished, they should be rehabilitated.

They claim Jesus once said to “turn the other cheek.” Pacifists rarely enact change. Religions for the most part promise a better afterlife which gets people to overlook and ignore what’s going on here and now. They preach that if you sit on your hands and keep your mouth shut, it will be better after you are gone. I’m sure the imperialist pigs have no qualms about expediting your departure. Amerika loves this “shut up and take it” mentality; it’s what the country was founded on. Every day, I see prisoners take verbal and physical abuse from the institution and do nothing because they are “trying to be good Christians.”

The lumpen need to take off the blindfolds placed on their eyes by the church, synagogue, or mosque and realize materialism is the vehicle to a better life of freedom. Meaning true freedom from oppression in this current life they’re living, not down the road after they’re dead.

The hard line confederacy (Arkansas, Florida, Georgia, South Carolina, Texas, Virginia) attack on prisoner’s religious rights to hair and beards while incarcerated has led to a blatant case of perjury in the State of Arkansas, in an attempt to justify this religious repression.

In an effort to deny a prisoner his right to a beard as a Muslim, magistrate Judge Joe J. Volpe, U.S. District Court, ruled that while a prisoner has a right to his religious practices under the Religious Land Use/Institutionalized Person Act (R.L.U.I.P.A., 42 U.S. Code § 2000cc) the prison could overwhelm his constitutional rights if there was a credible, reasonable ‘security penological necessity’ to trample those rights.

In quick order, the District Judge rubber stamped this, once Ray Hobbs, the director of the State of Arkansas Department of Prisons, stated in a sworn deposition that he personally was aware of one single example of one type of dangerous contraband being smuggled, concealed in a prisoner’s beard. (A long laundry list of horrors, which the state claimed ‘may’ be hidden in a quarter inch beard but not, presumably, elsewhere on the body, included cell phone SIM cards, knives, drugs, and homemade darts).

The U.S. Supreme Court will now take up this case. Last term, this court ruled (by the five right wingers) that corporations have religious rights that trump women’s civil rights. (“Hobby lobby” case). Now, the same lawyers who argued for the corporation in that case, to create civil rights for non-living corporations, will press the prison’s case to deny religious rights. The lawyers are specially appointed by the court that will hear the case. No one dares complain, after all, since to do so would be to attack the judges you hope will rule in your favor, as “biased.”

In a bizarre twist discovered after the lower courts ruled based upon the sole example of a dangerous, and in this example deadly, razor blade smuggled in a prisoner’s beard, perjury most foul was exposed. And it was dripping off the lips of none other than director Roy Hobbs, top good ol’ boy in the Arkansas department of corruption.

Roy Hobbs swore that a prisoner named Steven Oldham smuggled a razor blade within his beard, and when the opportunity arose, he proceeded to commit suicide with that very razor blade. My goodness. How simply awful, and of course, how clear it is that beards are a deadly threat to security.

The magistrate, district and circuit judges all agreed.

Let’s peek behind the perjury veil.

As was well known to Roy Hobbs, prior to and during his part in the conspiracy to defraud the courts, the razor that dealt the lethal wound was a bright orange plastic single blade item purchased by Arkansas Dept. of Corruption. This molded plastic unit with a steel blade encased within it was not ever suspected of being smuggled, hidden, or illicitly possessed. It was handed to the prisoner by prison staff, with orders to shave off his beard.

The lying director, desperate to manufacture even one tiny example of any kind of ‘beard smuggling’ to justify his blatantly racist attack on the religious rights of persons who, in the southern states, face a lot of this special treatment in prisons, had knowingly concocted this ‘boogie man’. It worked. Only if the razor had been used against a guard would the fantasy incident have carried more weight with the tsk tsking judges all the way to the country’s supreme court.

Roy Hobbs did the usual finger-pointing maneuver when caught red handed committing perjury, he blames everyone in the world for misleading him into stating he knows for a fact that which any cursory investigation reveals as false. In California, where I reside on death row, penal code §125 declares that when a person states under oath that which he does not know to be a fact, that is identical to knowingly lying. Even if the ‘fact’ happens to be true. That means, in this state at least, Roy Hobbs was guilty of perjury for stating as fact this ‘razorblade in the beard’ lie, even had it been true. Which of course, it was obviously not.

The country’s highest court is now reviewing whether the ‘security claim’ by the prison director is sufficient to overcome a prisoner’s religious rights. Even when the single faked security claim was blazingly criminal perjury. This should be an opportunity for the high court to write the rules about what level of proof of flat out corruption prisoners may use to destroy the court’s own rule about how prison officials get deference when they shriek “security!”

Let’s see what pretzeled logic and tortured theories the rat pack at the supreme court come out with. The only evidence of any security risk was conspired criminal perjury. Roy Hobbs keeps directing Arkansas’ prisons, rather than occupying a cell in a federal penitentiary.

MIM(Prisons) adds: The entire criminal injustice system, from police to prisons, is set up to serve the interests of the imperialists running the government. So it’s no surprise that false evidence is sufficient to deny prisoner’s rights. This case is unique in that the perjury was actually exposed. Unfortunately, the courts don’t serve up justice, and so we can expect little from them in defending the rights of the oppressed. The imperialist courts will never lead to liberation for the oppressed. We must continue to expose these cases to educate people about the systematic nature of injustice as we build an anti-imperialist movement that can overthrow the system that relies on injustice for its very survival.