Under Lock & Key

The Illinois Department of Corrections (IDOC) has the authority
and obligation to establish rules and regulations to provide
prisoners with access to published materials including newspapers
and magazines approved by the Director of the IDOC. (730 ILCS 5/3-
7-1)

The IDOC’s regulations for prisoners’ access to publications is
set forth in title 20, Sections 525.200 through 525.230 of the
Illinois Administrative Code (20 Ill. Admn. Code Sec 525.200
through 525.230). A prisoner may subscribe to, solicit free copies
of, or buy individual copies of approved newspapers, magazines,
books and other publications for delivery to the facility of
confinement. “A member of the [prisoner’s] family or a friend may
also order, solicit or bring approved publications to the
facility.” 20 Ill. Admn.Code Sec 525.210(c).

The warden of the Pontiac Correctional Center implemented his own
personal policy which prohibited friends and family members of
prisoners from bringing in approved publications.

A complaint for mandamus was filed in the Circuit Court of
Livingston County, Illinois, seeking an order compelling the
warden to allow family members and friends to bring in approved
publications for prisoners in accordance with established
regulations.

The warden filed a motion to dismiss, arguing that the decision to
allow friends and family members to deliver approved publications
to a prisoner is a discretionary act. The warden argued that the
use of the word “may” in the last sentence in Sec 525.210(c)
indicates a discretionary act. Thus, mandamus is inapplicable.

In response to the motion to dismiss, the prisoner argued that the
use of the word “may” does in fact allow for discretion. However,
the plain reading of Sec 525.210(c) clearly indicates that the use
of the word “may” refers to what the prisoner’s family and friends
may do, not to what the IDOC employees may do.

The Circuit Court agreed with the prisoner and denied the warden’s
motion to dismiss. In its holding, the Court ruled that Sec
525.210(c) indicates that discretion lies with the prisoner’s
friends and family members, not the warden. The Court further
ruled that the IDOC must allow prisoners’ friends and family to
bring in approved publications.

The warden subsequently rescinded his policy and permitted friends
and family members to deliver approved publications to prisoners.
[See Markiewicz v. Gilmore , No. 97-MR-22 (Order Filed
July 1, 1998)]

(Note: This action was litigated pro se.)

MIM organizes the Serve the People Prisoners’ Legal Clinic
(PLC). This is a revolutionary program geared toward serving needs
of the oppressed masses as we build opposition to imperialism. PLC
activities vary widely (with room for expansion) and include
fighting censorship, prisoners providing guides on grievance
procedures and the publication of MIM Legal Notes. MIM leads this
program with the knowledge that only armed revolution to seize
state power and establish a dictatorship of the proletariat will
liberate the oppressed. This is one aspect of how we fight
winnable battles to create more maneuverability for political
organizing within the current corrupt system.

MIM Legal Notes is researched and written by comrades behind the
walls. We publish these articles because we believe that the legal
research and information will be useful to other prisoners. But
comrades should be aware that differences in laws between states,
changes in laws and legal precedents over time, and different case
circumstances all mean that even something that was successful for
one person might not work for others. We print the best legal news
and information available to us with the understanding that this
program will only grow stronger with increased exposure and
participation. We encourage prisoners and non-prisoners to
contribute to this program with research and writing.

In mid-July a prisoner had an epilepsy seizure on the second tier. It took 20 minutes for the nurse to get to the control unit. The nurse could do nothing but stand at the door and attempt to calm the prisoner.

According to the standard policy of the Fourth Reich the security methods are that the keepers have to be dressed out in full riot gear, shields, helmets, bullet proof jackets, riots sticks, mace, etc. It took 15-20 more minutes for the keepers to suit up.

A stretcher was brought into the pod, the prisoner’s cage was opened and he was told to remain STILL. A man having a seizure is old to remain still – that’s deep. The prisoner was handcuffed and shackled in leg irons, placed on the stretcher, hauled out of the pod as though he was a piece of meat.

This was a demonstration of what the hooligans think of the dispossessed classes. Prisoners screamed and cursed, they were visibly upset.

We see the wake up calls, however, we need to desperately wake up. The prison movement has to regain the organizational functioning of unity among ourselves.

On September 3, 100 and something New Mexican prisoners were transported to Wallens Ridge State Prison. You know, the slaves cannot be separated from one to the other, however, the state will utilize every tactic possible to have the edge. If we’re transferred 2,000-3,000 miles from our roots what of it? The slave-owners are doing no more than what they did during chattel slavery.

How you grasp the realities of the world makes the difference. When you don’t see the realities, the ruling circle will have us at each other’s throats, still killing one another for reasons which have no merits, other than our being manipulated to destroy the outcasts, whether it’s for drugs, turf disputes, because of the color of one’s skin, gang-banging etc. The deck of playing cards have been stacked against the poor, word.

Solidarity forever!

…. I am locked down in the control unit of Red Onion State Prison 23-24 hours per day. Prisoners have been maced, assaulted, and placed in five-point restraint. I refer to Red Onion as a concentration death camp. For the outcast, being in five point restraint in only your underwear and a cold cell - this is torture, everything is taken from you besides your underwear when you are placed in five point restraint. Five point restraint is tied to the steel bunk spread eagle. This is a 48 hour punishment.

There is intimidation and the threat of bodily harm. The majority of the keepers at the stalag are caucasion. I have heard the cops … use the words nigger, tar baby, sambo, spook, buckwheat, coon and monkey man. Racism is thick here. The medical collaborator, maintenance, and other staff members are just as racist. The area Pound, VA could have been named Racism Town, USA. I have seen prisoners denied their small ration of food because they were insolent, according to the guards, some prisoners challenged the racist cops although there is a possibility of being attacked by the lynch mob.

When prisoners complained to a sergeant or lieutenant, it’s always, well, the officer said you refused the food. Cops have said they will poison the food, urinate in your food. The psychological warfare is in depth here. The prison camp opened in August 1998 or thereabouts. … We are served very small rations of food. Semi-starvation – the control units nationally have the same brutal force. The tactics to instill fear….

In the trenches,

To build is to win.

Here at the Southern Ohio Correctional Facility, our tormentors have started a new policy where prisoners in control units have to be handcuffed and shackled just to walk back and forth to the shower. When we complained the administration responds by claiming that this is for our own safety and the safety of the officers. But the officers are the number one threat to prisoners’ safety. Handcuffing and shackling us puts us in a more precarious position. Plus, it seems, that if they were truly worried about the officers’ safety, the would have left the old policy in place where the officers could simply open our cell doors from the safety control booth then lock us in the shower from the same position. But instead they now have to escort… And in an attempt to cut back on spending (at least on the prisoners), those of us who are in control units are not longer being issued clothing. So no matter what you have, irregardless of how raggedy, you best be luck that you got it. And this same thing goes for all supplies. Sometimes it is the little things that mean so much. And in the control units here you better value something as little as toilet paper like its gold, because you’ll only get one a week if that. It’s not like the prison officials don’t realize that we have to use this toilet paper as paper towels, napkins kleenex and toilet paper. They would just rather see us go without then give us an ‘extra’ roll.

…I’m a Prisoner in the Maximum joint. I’m Puerto Rican and have been in this toilet for fifteen years. Right now these low-lifes [guards] are hitting the Latino people hard. 90 percent of all Latinos are being accused of being a gang member, so they made four special blocks for the Latino people. You come out of your cell one hour a day, not everyday. Three showers a week. One hour a week in the yard, outside.

The racist low-life cops just harass everybody, and most dudes don’t even speak English. No jobs, no nothing. Now we can’t even take their so-called education program. We get two hours a week in the law library. There are no Spanish-speaking people down there to help anybody out.

This started back in April of 1995. I was there [Latino Segregated Block] for two years. Then I was transferred to DDU [Disciplinary Detention Unit]. You know the DDU is much better than those Plymouth Blocks.

I just filed a lawsuit, but I can’t even get the right help. I don’t have access to anything. I’ll keep you posted on things. Y’all stay strong….
In the struggle!

…On March 13, 1998, about 80 prisoners were transferred from Rahway and shipped here to Northern State Prison to a new gang unit. Here they are housing Latin Kings, Netas, 5%ers and some white hate groups. They have us all separated and want us to deny any membership before letting us out of this unit.

I as a member of the Latin Kings refuse to do such a thing. Therefore I will remain locked down in these new kages. These Pigs are only trying to break the band of Brotherhood, which will not work. And the reality is putting us all together they only make us stronger….
Our Struggle Continues

Dear MIM, … I have not received anything since March. Being in D.D.U., I would have guessed that my mail was being help up or turned away. But I have a bit of a story for you.

On July 2, 1997, I was released from D.D.U. at 9:00 am. I was assigned a cell out in population. I cleaned this cell’s walls, floor and the toilet before I fixed up my stuff in the places I wanted it to be placed.

At 2:30 in the afternoon, I was done. And no sooner had I sat down than 7-10 officers were at my cell door ordering me to cuff up. I asked why and was ignored. I asked to see the captain and was denied. After a while, I cuffed up and I was brought back to D.D.U. for no reason, with no explanation. That’s how dirty they are here in Walpole State Prison.

In Struggle,
– A Massachusetts Prisoner

P.S. I even got the same cell back in D.D.U. (How nice)

S.C. Prison Administrators clandestinely seek to convert old death row unit into state’s second control unit!

Revolutionary Greeting Comrades: Be advised that SCDC [South Carolina Department of Corruption’s] Officialdom is in the process of modifying the old death row unit here in the Broad River Prison Colony, entitled Edisto Unit, into what appears to be the state’s second control unit.

Because ever since the doydens transferred all the death row prisoners to the Liebra Prison Colony, major alterations continue to be made. Including the application of mesh wiring to most cell doors and the erection of beams and walls - apparently for separation purposes.

This unit was open as a regular lock-up component on April 19,1997, but on July 1, 1997 Supermax procedures come into effect here. Last week five high security prisoners (ML5) were brought in from surrounding Ad-Seg. [Administrative Segregation] Units. I was selected for placement here in April 1997 despite the 2 years of repression i endured at SC Maximum Security Control Unit at [location]. So all aggressive agitating militants, paralegals, anarchists, Black Nationalists, Anti-Imperialists, Theoreticians, Propagandists, Revolutionaries and Communists, BEWARE!

i can remember first reading about the above policy and practice in the California prison system employed against captives who were identified as “gang” members. After being so identified, captives would be tossed into Administrative Segregation or an SHU [Segregated Housing Units]. Here they would languish until they either “paroled, debriefed, or died.” I recall thinking how diabolical this scheme was. How it could be used - twisted-to be a tool of political repression.

I was still in the fetus stage of my studies when I first read about the situation in California prisons. I hadn’t then realized that the repressive policies and practices were designed form the start to neutralize political activism behind the barbed- wire. The disguise of `fighting “gang” activity’ was used for legitimacy. If exposed to the public, the people would support it. Who doesn’t want an end to the high rate of crime and violence that is commonly associated with “gangs”?

Since my first exposure to STG (“security threat group”) policies and practices in the California prison system, I have learned that it has spread to prisons across the u.s. And as of December 16, 1996, the state in which I am held captive had enacted its own political policy: 04.04.113, “Identification and Management of Security Threat Groups and Members.”

Comrade George [Jackson] taught Us that “Power responds to all threats. The response is repression.” Have We learned from history? COINTELPRO, NEWKILL, etc. If We are not prepared to deal with the Paper Tiger, then it will force its claws deeply into Our efforts at educating to liberate.

STG can be defeated. We ain’t got to be forced into a corner with Our only option being to either debrief, to denounce Our political associations, or fact repression. However, the only chance We got to defeat STG is to end Our isolation. We got to reach outside these kkkoncentration kkkamps into the communities from which We came and of which We represent in our organizing and educating efforts. When the Paper Tigers attempt to attack, We got to have an outside base of support. Do Our people on the outside know Us? Do they know what we care about? Or, will they be left to believe whatever spiel the Paper Tigers wish to say about Us? If because We have no roots on the outside We are left vulnerable to unbridled repression, it is no one’s fault but Our own!

Myself and others in Michigan want to expose the STG Phenomenon. However, We want to do so based on how it has spread across the u.s. We are asking for captives from any state in amerikkka that has some form of STG policy and/or practice to forward information and documentation to Us.

I am a prisoner confined in the state of Massachusetts at
M.C.I. Walpole State Prison and has been confined in the
state as well as the Federal Bureau of Prisons since October
27, 1974 for various crimes. When I was first sent to M.C.I
Walpole in 1974 I thought […] it was one of the worst
prisons in the country along with San Quentin, Attica,
Michigan, etc.

There was nothing but rebellion against the oppressor (the
guards) who was assaulted, maimed, and forced out of the
prison by way of injury acquired on duty or retirement
because we as solid convicts could not be controlled.

In August 1979, Ax-Handle Fenton who was the warden at the
federal prison at Marion and Lewisburg was found guilty of
beating prisoners off the bus at Lewisburg. He became a
consultant for the Department of Corrections and thereafter
locked up the whole prison and shipped out a lot of the
incorrigibles, un-desirables and not wanted convicts to
other state segregation units and as far as to various
Federal prisons. This tactic of shipping convicts out of
Walpole state prison on four (4) separate periods within
1979, 1980 and through 1995.

[…]The way it is now Massachusetts has a control unit
which is called the Department Disciplinary Unit (DDI) and I
would like to hear if there is any other state or federal
control unit where convicts is not allowed to purchase any
canteen with the exception of stamps. We are not allowed to
purchase food from the canteen, and the maggot officers is
the only ones who passes out the food trays. And due to the
facts convicts be working out in the cells or has to eat
what little food they are given. The swines is taking it
upon thereself to adulterated our food trays with spit, mice
droppings, human feces, un-authorized medications (this is
only being done to certain convicts) in retaliation because
there might be grievances filed against them, assaults them,
or the reasons of the placement in the DDU. There is some
inmates, prisoners, convicts that is aware that these swines
officers is tampering with the food and some of the
responses is that “oh it aint happen to me” well how would
you know? If there is a swine that dont like you or be
accident given anyone the wrong tray then you got it.

Its time to stop and allowing tub swine cops to do whatever
they want and nothing is not being said or done. They
already had took the contact visits, personal cloth, canteen
items, yard- recreations. Its time to wake up and stop the
maddness that there doing because it affects us all.