Under Lock & Key

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might create procedural requirements for the purpose of tripping up all but the most skillful prisoners, while Congress repealed the “plain, speedy, and effective” standard, see 42 U. S. C. §1997e(a)(1) (1994 ed.) (repealed 1996), we have no occasion here to decide how such situations might be addressed.”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.

North TX AIPS responds: From ‘New Class Action for Prisoners Who Did Not Receive Stimulus Money and Filed Taxes’ published in Under lock & Key Issue 76:

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.

4. 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.

From Stimulus Checks Are Being Stolen by TDCJ-CID from Under Lock & Key Issue 73:

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.

From Preliminary Injunction Bars Arkansas from Confiscating Prisoners’ COVID Stimulus Money from Prison Legal News:

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:

1. 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

2. 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

3. 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)

4. 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.

^{Notes: 1.MIM(Prisons) 2011 Congress Summary and Resolutions}

(P.S. This is about how the government puts us against each other through the gaming laws and blinds us with bullshit!)