MIM(Prisons) is a cell of revolutionaries serving the oppressed masses inside U.$. prisons, guided by the communist ideology of Marxism-Leninism-Maoism.
Under Lock & Key is a news service written by and for prisoners with a focus on what is going on behind bars throughout the United States. Under Lock & Key is available to U.S. prisoners for free through MIM(Prisons)'s Free Political Literature to Prisoners Program, by writing:
MIM(Prisons) PO Box 40799 San Francisco, CA 94140.
I’m listening to an N.P.R. news report. An “African-Amerikkkan” woman is ruefully recounting the January 6th, 2021 right wing attack on “our” democracy. I wanted to laugh and cry that this sister was so lost that it was pitiful. So many confused and deluded people, even at this late hour, don’t know that Amerikkka has never been a true democracy, in the way that most people have been led to believe. Amerikkka has assassinated more legitimately elected leaders, around the world, than all other world’s states combined. They have installed dictators who starve the childred, and propped up those colonial/neo-colonial police states so that the First World can live like royalty on the stolen labor and natural resources of those Shanghai-ed and enslaved societies. Throughout the past century, these overthrown dictators always seek refuge in the U.$. or Britain. The rats always run back to the nest. (From Baby Doc, to Jair Bolsonaro, the Shah of Iran, and many more.) That is not what truly civilized, freedom and justice-loving democracies do. That is what Nazi police states do.
Even if Amerikkka could be a democracy – which it never can – it would not be “our” democracy. Judge Roger B. Taney declared as much in 1857 or so. Chief Justice William H. Rehnquist reiterated this, in 1987 or so. It is now 2023. It’s time to wake up. Marcus Garvey clearly stated, in 1923 or so, what most people still have not heard: The first piece of toilet paper was invented in 1786 or so. It was called “The United States Constitution.”
In 1940 or so, a lot of Amerikkkan leaders, at the highest levels of U.S. government and industry, supported Adolf Hitler. The antics of ex-President Donald J. Trump and many U.$. leaders of government and industry (and many millions of oppressor nation Amerika alongside their oppressed nation allies) proved that, in 2021 – and for the foreseeable future, I’m sure, – the status quo shall remain!
Truly, the most productive years of my life were the 9 years that I lived on various “Indian” reservations and on “hippie” communes, which modeled much of our lifestyle on First Nations’ (Lakota, Diné, etc.) beliefs, and some African and Gaelic beliefs. There was the occasional Taoist or Buddhist, but we all realized we are all guests in our First Nation sisters’ and brothers’ home.
I gave up on Amerikkka in the early ‘90s. I wanted my kids’ mom to come away with me to Indonesia or somewhere in the South Pacific (Fiji, the Solomon Isles), but she would have none of it. She still believed that the U.$. was a good country; like so many naive “dreamers” today. I honestly believe that many migrants who come to the U.$. are not seeking freedom; they’re seeking money, and are probably loaded down with contraband they’ve stolen from someone else, or are on the run from justice. The rats always run back to the nest.
I used to think that if Africans made significant cultural and economic ties to First Nation sovereign communities, that, by now we could have established our own sovereign communities; but very, very few Blacks that I broached the subject to would even consider living around a “bunch of poor ass Indians,” and struggling to build a community from scratch, when there’s a McDonald’s right around the corner. Besides, the Alaska and Wyoming wilderness is not Stacey Adams and Cadillac-friendly. I guess it was just too big of a sacrifice to make for the honor and love of our children. We don’t want to empower the police state, but who can live without Tangueray and Louis Vuitton?!
If the U.$. would switch the military/police/prison budget over to health and education, and give the paltry health and education budget to the pigs and politicians, Amerikkka could quite possibly be a good country. Maybe even a great country! But after 500 years of this shit, I’m not gonna hold my breath. Like I said, Amerikkka has destroyed every nascent, true democracy that opposes white supremacy.
It is with immense frustration that I write to you on the behalf of
ALL offenders that are in the Indiana Department of Corrections (IDOC)
prisons that are run and operated by The Geo Group Inc. (a private
prison corporation). Prisoners here are receiving “State Pay,” which
consists of the following:
The level of unequal wages from The Geo Group Inc. regarding this
effort is appalling. Indiana Government Officials have unfortunately
failed to address the problem and have allowed the “State Pay” wage
disorder to continue.
In the State of Washington, on 27 October 2021, a Federal Jury
ordered The Geo Group Inc. at the ICE Processing Center (formerly the
Northwest Detention Center) liable under the State Minimum Wage Act
(MWA). In Washington, Attorney General Bob Ferguson filed a lawsuit
alleging that The Geo Group Inc. was violating the state minimum wage
law. The U.S. District Judge Robert Bryan ordered The Geo Group in
Tacoma, Washington to pay their detainees $13.69 hour. These are
immigrant detainees. These immigrant detainees were represented by four
(4) law firms. Names of the law firms are as follows;
Schroeter Goldmark & Bender – Seattle, WA
Open Sky Law PLLC – Kent, WA
Menter Immigration Law PLLC – Seattle, WA
Law Offices of Robert A. Free – Nashville, TN(1)
We believe that our pay here, less than 2% of the pay received in
Washington, is discrimination by The Geo Group Inc. here at the Indiana
Geo Facilities.
On 26 January 2021, President Joseph R. Biden, Jr (D) signed an order
and stated… “to stop corporations from profiting off of incarceration
that is less humane and less safe”. We believe that The Geo Group
Inc. is violating Title VII of the Civil Rights Act, which prohibits
racial discrimination in the workplace. State prisoners may not be
entitled to State Minimum Wage, but there is NO exception for private
for-profit detainees, prisoners, or offenders here. The Geo Group
prioritizes profits over rehabilitation, making us ALL less safe.
Indiana Government Officials and The Geo Group Inc. have to remember
that we are in an inflationary economy. Us prisoners here at The Geo
Group Inc. facilities here in Indiana are getting overwhelmed,
over-worked, and frustrated simply because we do not have the same
income or access to resources as others. We have material needs such as
hygiene, property, food, etc. that cannot be met due to the “State Pay”
wages that have NOT kept up with the exorbitant price of living.
At the Indiana Department of Corrections commissary from the Indiana
Correctional Industries Plainfield, IN Distribution Center, the prices
of our needs are increasing dramatically due to the inflationary factor.
NO prisoner in The Geo Group Inc. private run prison(s) who gets State
Pay should ever cower in fear of his/her employer‘s power to silence
legitimate points of view of their wages.
The State of Indiana and/or The Geo Group Inc. needs to raise the
starting pay wage significantly to a reasonable wage. It is time for the
State of Indiana and/or The Geo Group Inc. to make the financial
adjustments and changes.
We believe that there are laws, ordinances, policies, rules, acts,
statutes, procedures, or even regulations that have been violated or
criminalized by our Constitution in the Fair Labor Standards Act
(F.L.S.A), Administrator of Wages & Hour Division, U.S. Deptartment
of Labor, Equal Employment Opportunity Commission, Labor Management
Relations Act, etc. We know Indiana Government officials Governor Eric J
Holecomb, Commissioner Robert E Carter Jr, Deputy Commissioner/Chief
Financial Officer Dan Brassard, are the individuals who control our
scale wage that makes the financial adjustments and changes in our
“State Pay” for the The Geo Group Inc. to pay our wages.
A raise in starting pay will be a positive thing allowing more
offenders to find satisfaction in their careers and it can allow more
workers to make a living wage and contribute to the broader economy. Our
facility jobs are not a free pass to wipe our slates clean, they are an
acknowledgment that we have to change our lives to be more accountable
and the State of Indiana and/or The Geo Group Inc. is what will allow us
to do that. A productive offender in the Geo Group facility with a fair
wage will perform better work ethics, do things properly, and have
better responsibility.
We as prisoners are entitled to be paid minimum wage or a fair wage
for our labor keeping The Geo Group Inc. facilities up and running, like
preparing and serving food, running laundry, maintenance, landscaping,
mowing, sanitation, administration clerks, etc. We are not asking to be
put on an indefinite leave of absence means or that ALL Geo Group
contracts be terminated. We are exercising our rights, which are workers
rights, and show that we have a right to stand up for each other and for
justice for Geo Group Inc. prisoners who work at their facility and
receive state pay wages.
Please take into consideration, when we do get our “State Pay” the
I.D.O.C takes 15% right off the top. This money goes into our re-entry
account which we receive back upon our release back into the community.
This gives us a little financial assistance. Now here is this Geo Group
Inc. offender who has a C-Pay job, which is $0.15 an hour, works 6.5
hours a day, 5-days a week, comes out to be $19.50 per month. Now the
State takes 15% for re-entry which comes out to $2.89. This leaves you
only $16.32 a week to buy hygiene, property, food, paper, pens, etc. And
if you went to go to medical or dental, that’s a $5.00 charge and the
medication is $5.00.
Please also investigate the Geo Group Inc. in Tacoma, Washington
where they are paying immigrant detainees $13.69 an hour. This is
discriminating against us offenders and manipulating us due to what they
pay us as “State Pay” here in Indiana.
State of Washington Attorney General – Bob Ferguson filed lawsuit
against The Geo Group Inc. in 2017 [Washington v. Geo Group, USDC,
W. Dist. WA. Case No. 3:17-cv-05806RJB]
Detainees filed lawsuit in 2017 with assistance of Schroeter
Goldmark & Bender and Robert Andrew Free [Nwauzor v. Geo Group,
USDC, W. Dist. WA, Case No. C17-5769RJB]
Thank you for your time and patience.
MIM(Prisons) responds: First, we want to remind our
readers that a very small percentage of prisoners in this country are in
private prisons, and most of them are immigrant detention centers like
the one in Washington discussed. As the author above argues, there are
potential legal differences in how labor is considered in private
prisons compared to most prisons. And economically it is very different
because corporations like Geo Group are making money running prisons for
the state, but using basically free labor to do much of that work. This
is a very dangerous combination that economically incentivizes mass
incarceration.
In our 2018
survey of prison labor across the United $tates we found that wages
for maintenance work typically ranged between $0.14 and $0.63 per hour.
Though of course in some states prisoners do not get paid at all for
working to maintain the prisons. This puts Indiana at the low end of
states that do pay. But as this comrade and others have recently pointed
out, inflation is hitting hard in the form of commissary prices.
Therefore to have wages at the low end from 5 years ago is far from
adequate when most prisoners need to buy supplemental hygiene and food,
not to mention minor comforts.
Based on the information we can find online, the Geo Group stopped
having prisoners work right after the court decision, so no prisoners
are getting paid minimum wage. In addition they appealed to delay
back-paying those who had already worked in the past.(2)
Notes: 1. Prison Legal News, December 2021 Vol. 32
No. 12 pg. 26 and April 2022 Vol. 33 No. 4 pg. 30. published by the
Human Rights Defense Center 2. Alanna Madden, 6 October 2022, Ninth
Circuit takes up Geo Group appeal over underpaid detainees,
Courthouse News Service.
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 following complaint was served to the Department of Justice.]
RE: California Department of Corrections and Rehabilitation (CDCr) and
Richard J. Donovan Correctional Facility (RJDCF) Systemic Scheme of
Fraud to Misappropriate Federal Funds
I am requesting an investigative audit of all Federal Funds received
by CDCR specifically for mental health programs, services, and
activities here at RJDCF because it is clear that those funds are not
being used for intended purposes. As a participant in CDCR’s Mental
Health Services Delivery System (MHSDS) at the Enhanced Out Patient
(EOP) level of care under the Coleman v. Newsom,
2:90-cv-00520-KJM-DB(E.D.Cal) injunction, MHSDS EOP participants
are required to receive 10 hours a week of ‘structured therapy’, and
receive federal funds to provide such to prisoner participants.
Here at RJDCF EOP there are no specialty, or core, therapy groups
which treat or target the diagnosis and symptoms of MHSDS EOP
participants because mental health care providers continue to tell us
that they’re short of staff and resources.
To create the illusion of providing the 10 hours a week of required
‘structural therapy’ as so CDCR may continue to receive federal funds
for RJDCF EOP program, prisoners regular exercise yard time is being
documented as recreational therapy,(or R.T. yard), where recreational
therapist’s (R.T.’s) assigned to supervise R.T. yards are being
explicitly instructed by CDCR Mental Health Program overseers and
supervisors to embellish R.T. yard notes to give any reader the
impression that the R.T. yard activity itself was/is therapeutic, when
fact is, aside from walking around to record which MHSDS EOP prisoners
attend regular exercise yards, the R.T.’s have no contact with
any of us, yet a significant amount of such fraudulent hours are and
have been used to report compliance.
There are many MHSDS EOP participants who report receiving a regular
schedule to attend particular mental health therapy groups which does
not even exist, as there is no facilitator to provide treatment.
Then, the gist of the described systemic scheme involves CDCR’s use
of a ruse to misappropriate federal funds intended for MHSDS EOP
programs, services, and activities, thereby using such funds to pay the
salaries of its subordinates who directly supervise the EOP,
subordinates who are correctional officers (C.O.s) providing
security.
With the aid of the California Correctional Peace Officers
Association (CCPOA), CDCR and RJDCF has manufactured a need for more
C.O.s in the MHSDS EOP Psychiatric Services Unit (PSU), and divert
federal funds intended for mental health programs, services, and
activities, to custody, while these same custody C.O.s then convert the
PSU into a ‘lounge area’ where surveillance cameras throughout the PSU,
initiated by the Armstrong v. Newsom, no. 94-cv 02307-CW,
injunction, regularly record C.O.s blatant inefficiency, hosting
fiesta’s and other celebratory gatherings, and constant use of big
screen televisions intended for MHSDS EOP groups, to watch sporting
events and other shows. All this occurs in the PSU while on duty in
direct violation of well established CDCR policy at California Code of
Regulations, CCR. Title 15, sections 3394, and 3395.
With this described systemic scheme, C.O.s may continue to exploit
the MHSDS EOP, profit from such, while CDCR continues to orchestrate the
diminishing of mental health programs, services, and activities, blaming
the failure on any and everything else except the truth, which is,
despite being member of a protected class requiring mental health
services and treatment, to CDCR and it’s employees we are only a
financial asset. A prisoner’s mental health challenges are nothing more
than a bargaining chip to use to extort more money from the federal
government, to fund and fuel an already debauch state system.
Please Help Us!
MIM(Prisons) adds: Over 1.1 million people have died
from the COVID-19 pandemic in the United $tates (more than from drug
overdoses). This hit hardest among the elderly, those with pre-existing
health conditions, and since the advent of vaccines, the unvaccinated.
Strong resistance to vaccines among law enforcement has led to
disproportionate deaths. Meanwhile many who could retired early. Like
many industries, the state has struggled to replace the prison staff it
has lost due to the pandemic.
This situation has allowed for extra leverage, from the already
powerful CCPOA in California, meaning many are doing their jobs even
less than before. People are sitting in their cells, people aren’t
receiving care, people are eating sack lunches, and people aren’t
getting access to grievances. And like so many capitalists have done
during the last few years, the CDCR has cashed in on state funds that
they do not deserve.
These are signs of a struggling system. The criminal injustice system
is functioning worse and with less credibility than it has in decades.
Meanwhile, greedy kleptocrats are stealing from the state, weakening it
further. We must study these cracks in the system and find ways to
operate that push the agenda of the oppressed through independent
institutions.
Do you have any case decisions of the stimulus checks. I just
received a check for the first two payments plus interest. It totaled
$1,900.76. Of this amount TDCJ deducted $1,786.11 leaving me with
$114.65.
This is the first money I’ve had where I could go to “store” since I
got here in 2015. The deductions were for medical co-pay, indigent
correspondence and postage, and federal court fees. Another prisoner
told me that there was a federal court decision in Arkansas against the
prison system forcing them to return money deducted from prisoners’
accounts. I’m rough drafting a Step 1 grievance right now to start the
exhaustion process, then I’ll add it to the suit I’ve already started. I
intend to do the same on this censorship of ULK 79 as well. Any
information will help.
Clay v. Director of IRS Mnuchin No4:21-CV-08132-PJH
Sub Class Representative Thomas H. Clay advises all prisoners who
filed for EIP from Oct. 2020 – August of 2021 and did Not receive any
check in mail or Direct Deposit. After filing Form 1040/1040SR or letter
with SSI# and copy of such to show proof of filing; then write To:
United States District Court Northern District of California Oakland
Division Attn: Hon. Clerk/Presiding Judge 1301 Clay Street Ste 400 S
Oakland California 94612-5212
If you are filing the following criteria below:
1.Non-disabled or physically or mentally impaired prisoner in State
or Federal Prison Institution in the United States
2.Correctly filing legal letters to IRS or 1040/1040SR Form 2019/2020
from October 15,2020 thru tax season of January – August 17, 2021
3.Utilizing only Institutional Regular Legal/or Indigent Legal Mail
System in State of Federal Prisons.
Who did not receive any payment from IRS of EIP #1 #2
#3
5.In the form of “Check in Mail” or “Direct Deposit to Account”.
6.Who can “Prove upon Request” proof of the correct timely filing by:
copies of letters to the IRS office in your State area, Prison Mail Room
Record of Legal Mail logged letters showing IRS address. Indigent
mailing file showing letter sent to IRS or 1040/1040SR copies or
responses from IRS during that period from any of its offices.
7.And you were not issued any checks for EIP #1 $600.00 EIP #2
$1200.00 or CVRP/EIP #3 $1400.00 totaling $3,200.00
The court is reviewing Contempt of Court Order and Sub Class Action
from prior suit *Scholl v. Mnuchin that does not protect the rights to
amount of payment withheld from prisoners in a discriminatory manner by
IRS.
Section 272(d)(2) of the Consolidated Appropriations Act provides
that the second round of stimulus checks ‘shall not be transferable or
assignable, at law or in equity, and no applicable payment shall be
subject to execution, levy, attachment, garnishment, or other legal
process, or the operation of any bankruptcy or insolvency law.’ This
means that this round of stimulus checks may not be garnished to cover
overdue debts by federal or state prisons.
Scholl v. Mnuchin, et al. No.4:20-cv-05309-PJH ND Cal.; Appeal
Docket No. 20-16915 9th Circuit Court of Appeals ruled in favor of
prisoners getting stimulus checks while incarcerated. The checks in
question should not be confused with the most recent $1400 checks under
current President Joseph Biden. It was the $1200 and $600 checks under
President Donald Trump that were ruled on.
The Court ordered ADC to place any federal relief and stimulus funds
in a sequestered account if it continues to confiscate those funds. It
must maintain records of how much money it confiscates from each
prisoner and what amount is paid for court fines, fees, costs, and
restitution. While ADC may return the confiscated excess funds to
prisoners, it may not otherwise disburse those funds until the end of
the lawsuit. See: Lamar v. Hutchinson, USDC, ED AR, Case
No. 4-21-cv-00529 (2021).
The Court then turned to decide whether confiscation of the money was
a violation of procedural due process. It found no violation when it
came to confiscation for the purpose of paying off court fines, fees,
costs, or restitution.
It did, however, find a violation when it comes to diverting the
excess funds to the inmate welfare fund and the Inmate Care and Custody
Account. The Court noted there were no post deprivation remedies
available, for the ADC’s grievance procedure provides a challenge to
“issues controlled by State or Federal law or regulation” a
“non-grievable issue.” The Court concluded the confiscation of the
monies did not violate substantive due process or the Takings
Clause.
We hope this information is helpful. While we still stand by the
conclusion that these stimulus checks are an attempt to buy off the U$
population at the expense of the third world, we won’t hold unrealistic
notions about how this money can be used for our goals of
Anti-Imperialism and building up USW. We also have a censorship pack
available as well, having relevant caselaw and regulations for fighting
censorship on the legal front.
Notes: Prison Legal News, Nov 1 2021, Preliminary Injunction
Bars Arkansas from Confiscating Prisoners’ COVID Stimulus
Money
“No man can tell the intense agony which is felt by the slave, when
wavering on the point of making his escape. All that he has is at stake…
The life which he has may be lost, and the liberty which he seeks may
not be gained.” -Frederick Douglass, 1845
We are made to persist. That’s how we find out who we are.
The Khufu Foundation thanks you for being part of the solution! The
following is an update on the lawsuit, Hicks v. Guiterrez, et al, 6:
22-cv-134. It contains both good and bad news. The bad news is that
the District Court has dismissed the case with prejudice, which was not
unexpected. The good news is the cases he used are not on point, plus he
failed to thoroughly address an issue of First Impression “The
Cumulative Effect.”
For those of you who have tablets, go to law library and read exactly
what the District Judge has to say for yourself. We have given notice of
appeal, and await a word from the 5th Circuit giving us a number to seek
COA. Before we give our argument in brief, let us give you a word
directed to the right that can save you a few dollars as well as allow
you to move much faster through the Courts than the §1983. We have
learned that these same issues can be attacked with an application for
Writ of Habeas Corpus – see the tablet has a wealth of information,
particularly the Law Library; there are literally thousands of cases at
your fingertips. Yet, the tablet can turn you into a zombie, who feeds
on nothing but music and movies.
Now, here is what we will take to the 5th Circuit:
Whether the Cumulative Effect of the Texas Constitution, Texas
State Law Statutes, the Administrative Procedures Act, and the Rules and
Regulations of the board combine to give a Reasonable Expectation that
the parole procedure will be conducted with a modicum of just and fair
treatment – see Wilkonson v Austin, 125 S.Ct. 2384
Whether Applicant was denied Equal Protection of the Law as
compared to other prisoners who can review their parole-file/transcript,
because they can afford an attorney, see Griffin v Illinois, 76 S
Ct. 585 and Register v Thaler, 681 F. 3d 623
Whether Applicant has been denied a fair and just parole hearing
where the defendants fail to follow the APA and their own rules without
meeting the Constitutional minimum regarding parole review – see
Parrat v Taylor, 101 S. Ct. 1909 and Leggett v Williams,
277 F. App’x 498, 500 (5th Cir. 2008)
Whether Applicant was denied a meaningful participation in his
parole hearings when he was not allowed to review his parole file to
challenge all false and/or derogatory information contained therein,
when Board Members have admitted that there is often false and/or
inaccurate information in parole-files. – see Johnson v TDCJ, 910
F.Supp. 1208
This information is supplied in the hope that each of you will do
your research and continue to fight.
North TX AIPS adds: This is a follow up to Texas
Prisoners Launch Attack on Parole System printed in Under Lock
& Key 78. This lawsuit is an attempt for parole reform in Texa$
and was launched May of last year (2022). It is in response to
continuous denial of parole for many prisoners based on commitment of
the crime, rather than behavior while incarcerated, and to argue that
the Board Members are not protected against suit according to the Ex
Parte Young Doctrine:
“In determining whether the doctrine of Ex Parte Young avoids an 11th
Amendment bar to suit, a federal court need only conduct a
straightforward inquiry into whether the complaint alleges an ongoing
violation of federal law and seeks relief properly characterized as
prospective.” Const. Amend.11 - See Verizon MD. Inc v. Public
Service Commission of Maryland, 535 U.S. 635, 122 S.Ct. 1753 and
McCarthy ex rel Travis V. Hawkins, 385 F.3d 407, 412 (5th Cir.
2000)
While some of the demands as previously stated are in line with the
Juneteenth Freedom Initiative, as revolutionaries our focus is on the
building on independent institutions of the masses, rather than working
for parole reform. We are building on our Re-Lease on Life program and
encourage anyone whose interested to write us and start to work on study
and strategy for revolution.
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.
11 October 2022 – Around 2:05 AM, Tuesday morning, I was jolted out
of my sleep by a familiar sound. Yes, that familiar sound of Strike
Force rushing into the pod to execute one of their surprise raids. I
didn’t even have to get out of my bed to see what was going down. Like I
said, it’s a familiar sound of feet stomping, door slamming, guards
shouting, and dogs barking.
An elder Panther told me years ago to always observe the guards
during raids just in case they violate the constitutional rights of a
fellow prisoner – or even worse kill one of us. So, I got up to witness
the chaos out of practice. The scene is always the same.
During the wee hours of this Tuesday morning, Strike Force,
accompanied by institutional investigators, were rushing to a
pre-selected number of cells (my cell was not chosen this time. Thank
god!), banging on cell doors to confuse and disorient occupants. Inside
the cells, people were forced to strip naked, lift their testicles,
squat and cough, and bend over, reach back, and spread their butt cheeks
(this is done in full view of officers looking from the front and
behind) before handcuffing their hands behind their back. The K-9s (drug
sniffing dogs) were taken into each cell to find drugs, which always
create sanitary issues, because the dogs sometimes sniff, lick, and
tread on our bed sheets and laundry, leaving behind dirt, drool, and
possibly feces. Replacement sheets and laundry are never issued, and
they weren’t this time.
Strike Force then entered and ransacked each cell in search of any
contraband the K-9s couldn’t find. Their personal property, including
letters and family photos, are tossed around the cell for good measure.
A lot of property is trashed and confiscated.
Other strike force members searched areas in the pod – in the trash
cans, in the showers, under tables, on top of ceiling lights – for
contraband that may have been hidden there.
I observed the chaos for two hours before getting back in bed to
sleep. I found out later that this pod, B1, had been placed on lockdown
all day Tuesday for unspecified reasons. We were allowed out of our
cells on Wednesday morning.
I’ve been subjected to these surprise pre-dawn raids many times
during my imprisonment. And I can tell you they are quite dehumanizing
and retraumatizing. Can you imagine being jolted from your sleep in the
early morning, being forced to strip naked and bend over and spread your
butt cheeks while a stranger stands behind you and looks in your anus
for contraband? It is so humiliating and emasculating. And every time
I’ve been asked to do it, something inside me (perhaps my manhood?)
always makes me want to refuse. Because deep down inside, I know it is
not done to find drugs, but to remind us we have no agency. And that
prison staff have utter and complete control over every aspect of us,
even the most intimate parts of our bodies. But refusal means a write
up, a rousting, time in solitary, or more time in prison. So, what can
we do?
What I and many other incarcerated folks can refuse to do is be
silent by writing about these abuses and sending them out into the free
world hoping they’ll change people’s perceptions of these prisons and
how the people locked in these cages are being treated in the name of
“public safety”.
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.
I’m currently in the process of trying to start a non-profit
organization to shed some light on the corruption that’s currently
taking place in the Florida Department of Corrections and I was hoping
that you guys can connect me with some people or provide me with some
material to assist me with laying the foundation of this non-profit
organization that is guaranteed to last for generations to come. I’m
actually currently writing a book that goes into depths about some of
the things prison officials have been doing to prisoners in Security
Housing Units and I’m planning on using the book as the face of the
non-profit. It’s just hard finding people to assist me with this
organization, which is why I’m reaching out to you guys in hopes that
you guys can assist me with this matter, because it’s time the people of
society become aware of what’s currently taking place in the Florida
Department of Corrections.
MIM(Prisons) responds: We want to express solidarity
with this comrade’s mission to expose oppression in prison, that is one
of the goals of the independent institutions Under Lock &
Key and prisoncensorship.info, that have been consistently exposing
this abuse across the country since 2007. We also agree with the focus
on what is going on in the SHU/Ad-Seg/solitary confinement torture units
that our movement has campaigned to end for decades.
We want to respond to this comrade publicly though to discuss some
points of how to effectively expose these atrocities, and more
importantly how to effectively stop them.
We also want to address everyone who has written us for help with or
just plans for starting a new non-profit, and everyone who has written
to us about their new book they want help promoting. We’ve received
countless letters of both types in recent months. So we want to make a
couple things clear.
If you wrote a book and you haven’t been doing it as part of your
study with us over the years, we’re not going to publish it, we only
publish Maoist literature. Similarly, we aren’t going to promote the
book you already put out, we only promote Maoist literature.
If you’re trying to start a new organization, first we will refer you
to our congress resolution from 2011, that reads in part:
“We only work to build two organizations at this time: MIM(Prisons)
and USW. The only organizing group we run for prisoners is the USW
leaders group, and even that is mostly done through Under Lock & Key
for efficiency and to reach the masses with info on USW work.
“There are only a few conditions that would merit launching a new
prison-based organization: [in short, you disagree with MIM(Prisons)
cardinal principles, you are migrating an existing lumpen org to become
a revolutionary org, or you are building a single nation org]”(1)
This resolution is targeted more towards independent revolutionary
organizations. The comrade above, and many others, write to us about
starting non-profits. In short, and in general, non-profits use
institutional money to fund jobs for people to do reformism who might
otherwise fight for real change. Now, we will admit some non-profits do
good work. You will see us cite the work of groups like the Prison
Policy Initiative and the Human Rights Defense Center/Prison Legal News
over the years. In fact, HRDC does a lot to expose the Florida DOC, so
we must ask our comrade from Florida, why not just work with HRDC? Why
waste all that effort to create a new group that has the same goal when
it’s so hard to find supporters? It could be that your strongest
supporters already have an org.
Alexis de Tocqueville, writing in the the mid-1800s, commented on how
Amerikans create a new organization for everything. Probably something
about our crass individualism in this country. This is being amplified
today with the internet, where individuals can create online
persynalities that feign to be projects or organizations. In these cases
they often rely on the cult of persynality, and sometimes become actual
cults.
We must question the motivations of people sometimes. Do you want to
end oppression, or do you want to create a project that is yours? If you
want to end oppression, what do you think the thousands of other
organizations out there all got wrong that you need to form a new
one?
The only way we will be effective in real change is to unite more
forces, not by dividing into more and more little cliques and
narrowly-focused non-profits. And while we can ally with and find useful
the work of some non-profits today, we must grow the Maoist movement to
be able to do the things they do under Maoist leadership to have a
greater impact.
We know most of our readers just want to reform the prison system. If
that’s where you’re at politically, by all means, join a non-profit. And
we are happy to ally with you in battles against things like censorship
and solitary confinement. But we know, based on our study of history,
that only by completely overthrowing imperialism and building socialism
through constant class struggle can we ever hope to end the oppression
that certain populations face today in Amerikan prisons. We do not
promote books or build organizations that hide this fact. And we work to
win over reformists to the revolutionary road through struggle against
the state and demonstrating the limitations of efforts that do not
actually seek to build power to overcome imperialism.