Under Lock & Key

Please send me the Texas pack. I shared mine with someone who did not return the entire contents. I have found the information to be most helpful. Just this week I won a Step 1 Grievance using the Texas pack.

The unit grievance officer had erroneously coded a Step 1 Grievance. The previously filed Step 1 had been concerning sleep deprivation only because I am wheelchair mobile, a “wheeler.” Thus, the sleep deprivation is a violation of the Americans with Disabilities Act (ADA) (28 U.S.C. 12101 et seq.). However, the grievance was coded as “denial of access to health care.” There is a very big difference.

While at the TDCJ Hospital Galveston (HG) Unit the staff denied me access to a bed for all but three hours during a four day period. Instead, I was forced to remain seated in my wheelchair in a holding tank. Just so their records would show that I had been assigned to a bed each night I was taken to a bed late at night and awakened a short time later to go back to the holding tank. Basically, I only obtained three hours of sleep during an approximate ninety-six hour period.

In further error, the unit grievance officer had misrouted my Step 1 to the senior practice manage. Presumably because it had been incorrectly coded. The senior practice manager knew he had no authority over the grieved issue. Yet he responded anyway, saying as much, and thus denying an opportunity for relief at the Step 1. I filed a Step 2 grievance asserting that no relief was available at the Step 1 for the reasons explained herein above.

In the TDCJ, denial of access to the grievance system is a grievable issue. Thus, I submitted a Step 1 Grievance asserting that (1) the unit grievance officer erroneously coded my ADA Step 1; and (2) the senior practice manager should have rerouted my Step 1 back to the unit grievance officer for appropriate handling.

It was only the availability of the TDCJ grievance codes in the Texas pack which allowed me to cite the appropriate code for my ADA complaint and to identify the erroneous code used by the unit grievance officer. As you know, the TDCJ Offender Grievance Operations Manual has been removed form the unit law libraries. I would not have been able to formulate my argument had the Texas pack not been available to me. But once again I am at a disadvantage with an incomplete Texas pack. Thank you for making this valuable resource available.

Colorado’s grievance procedure is designed to intentionally mislead the prisoners who have to follow it into believing that they have to comply with certain provisions, such as the relief requested, or face being barred from suit due to “failure to exhaust” administrative remedies which is required before any civil action addressing prison conditions can proceed in court, by the Prison Litigation Reform Act 42 U.S.C. 1997e(a).

Colorado’s Grievance Procedure AR 850-04IV-E-3-C-2 states: “The grievance officer may deny the grievance on procedural grounds, without addressing the substantive issue, if the grievance is incomplete, inconsistent with a former step, incomprehensible, illegible, requests relief that is not available, fails to request relief, or in any other way fails to comply with the provisions of this regulation, when the grievance is denied for a procedural error, the grievance officer shall certify in the response that the offender has not exhausted the grievance process.”

First, there are many conjectures that I could make as to whether this Administrative Regulation oversteps its bounds by diminishing First Amendment rights, however I won’t do that at this time. What I will do is simply prove the claim stated in the opening of this paper by presenting a brief history of jurisprudence of 42 U.S.C. 1997e(a).

42 U.S.C. 1997e(a) of the Prison Litigation Reform Act reads: “No action shall be brought with respect to prison conditions under 42 U.S.C. 1983 … or any other federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted.”

Once again: “(T)he modifier ‘available’ requires the possibility of some relief.” When the facts demonstrate that no such potential exists, the inmate has no obligation to exhaust the remedy.”

“Next, an administrative scheme might be so opaque that it becomes, practically speaking, incapable of use. In this situation, some mechanism exists to provide relief, but no ordinary prisoner can discern or navigate them. As the solicitor general put the point: when rules are”so confusing that no reasonable prisoner can use them ‘then’ they’re no longer available” Tr. Of Oral Arg 23

“And finally the same is true when prison administrators thwart inmates from taking advantage of a grievance procedure through machination, misrepresentation, or intimidation. In Woodford v. Ngo, we recognized that officials might devise procedural systems (including the blind alleys and quagmires just discussed) in order to”trip up all but the most skillful prisoners. As [appellet] courts have recognized, such interference with an inmates pursuit of relief renders the administrative process unavailable. And then, once again 1997(a)(e) poses NO bar.” Ross v. Blake, - u.s. - , 136 S.ct. 1850, 1959-60 (2016)

Essentially, if for any of these reasons the grievance procedure is made unavailable, the prisoner need only to exhaust the process, i.e. file all steps, remain consistent with your relief, and comply with time lines. In actuality this was decided in 2001, before Woodford or Ross in Booth v Churner, 532 U.S. 731; 121 S.ct 819(2001). In Booth it was decided that an inmate seeking a remedy outside the scope allowable in the procedure in Booth that was monetary damages, he must still go through the process and complete all steps. Once he has completed all steps of appeal, he has exhausted all “available” remedies, and when officials misrepresent that fact, we have 3 supreme court cases to show otherwise.

Furthermore, all this has already been established, not only in the supreme court, but the 10th circuit and Colorado district courts. In Gandy v Raemisch, 2014 u.s. Dist. Lexis 43668, and affirmed by Gandy v. Barber, 2016 U.S. App. Lexis 3285 (10th Cir. Colo., Feb 23, 2016). Here Anthony A. Decesaro, Colorado’s administrative head over the grievance procedure and, step 3 grievance officer, concluded that because Mr. Gandy had requested “written acknowledgement of retaliation and compensation,” which are prohibited as allowable remedies by AR 850-04, that “[He] have not exhausted [his] administrative remedies in this matter based on your failure to satisfactorily request relief allowable.” The case goes on to say “The defendants (CDOC employees) cite no authority for the proposition that an inmate’s request for relief that exceeds that available under the grievance procedure results in a failure to exhaust, and indeed, Supreme Court precedent establishes just the opposite. In Booth v. Churner…” “To the contrary, the record reflects that Mr. Handy timely filed [his grievance] as a challenge to his allegedly retaliatory transfer out of AVCF, properly pursued that grievance through steps 2 and 3, and thus fully exhausted it.”

The failure to correct this misleading policy with so much solid evidence against it, in eluding first hand knowledge by the 2 most capable people in CDOC, Rick Raemich and Anothny A. Decesaro, more than 2 years later can only be seen as intentional. For prison officials to intentionally mislead prisoners in an effort to manufacture a way to defeat their claims in court is a violation of the 1st amendment rights to petition the government for the redress of grievances; access to the court. This is especially true because congress has made administrative procedures a mandatory prerequisite to suit.

What body of the United States government would violate such a fundamental right of modern and civilized society? Could they have some vested interest in preventing claims from reaching full litigation? Could it be to prevent the public from becoming aware of even worse infringements on society and humanity? One only needs to see what really goes on inside of an “MCU” or “SHU”, then examine the fact that the prison litigation reform act bars damages for “mental pain and anguish,” and that the u.s. military’s most recent change in tactics is towards what’s called “effects based warfare” aimed at taking actions to influence the way the enemy thinks and makes decisions. If it were illegal to practice psychological torture techniques on its slave citizens, where else would they be able to develop these tactics?

Addition to Grievance Campaign

Colorado’s grievance procedure, AR 850-04 violates 1st Amendment rights by knowingly and intentionally misleading prisoners. Among other things, requesting a remedy that exceeds that available under the AR does not result in failure to exhaust as stated in AR 850-04. This has been clearly established in the District of Colorado 10th Cir Court of Appeals, and the Supreme Court; please see: Gandy v. Raemisch, 2014 U.S. Dist Lex is 43668 (Dist Colo. March 31, 2014) affirmed by 10th Cir, Booth V. Churner, 532 U.S. 731, 121 S. Ct. 1819(2001); and Ross v. Blake, - u.s. - , 136 S. ct. 1850 (2016).

This violates our right to access the courts under the 1st amendment. Please fix this policy immediately to consider grievances exhausted in accordance with these decisions.

On 14 May 2018, after seven days of being on lockdown and receiving one shower, 6 prisoners at the Colorado State Penitentiary (CSP) in the Management Control Unit covered their windows in protest and demanded they be given showers. The administration argued that they had been taken off lockdown on May 12, and therefore were not due showers.

On May 12, the facility had been taken off lockdown for 10 minutes and as soon as the doors opened multiple prisoners began fighting and the facility immediately went back on lockdown not ten minutes later leaving prisoners without a chance to take showers since May 10th. Colorado’s policy is that prisoners get a chance to shower every 72 hours.

At CSP each tier has 8 cells housing one prisoner each, 2 tiers per pod and 8 pods per unit. Six out of 8 prisoners all agreed to protest by covering their windows. Rather than allow the prisoners the human dignity of a shower, the cell extraction team was deployed, and a chemical weapon known as FOXISPRA Jet Oleoresin Capiscum (O/C) spray was applied. This caused several of the prisoners, including the author who has respiratory issues and is “O/C restricted” yet was still sprayed, to pass out. Apparently to Colorado DOC, being unconscious is considered resting. As usual staff tailored the reports to fit their needs, each prisoner was given disciplinary charges and monetary fines of $117, most of which was for one time use items that should have been split six different ways.

Sadly, the goal was not accomplished, however the 6 were allowed to shower to remove the O/C spray. The bright side is that solidarity such as this is on the rise in higher security prisons in Colorado, and this story has been circulating around the facility with high regard.

MIM(Prisons) responds: Building unity around common oppression is an important part of organizing behind bars. When people start to come together to demand their basic rights, they also start to see the power of this unity. Revolutionaries can build on this unity by helping folks to see how these individual situations of oppression are tied to the broader criminal injustice system. And making these connections we can start talking about what we need to do to fight back on a broader scale. Lots of people report their political awakening going back to persynal experiences of oppression, coupled with revolutionaries helping them see the ties to the broader system of oppression. United Struggle from Within comrades can play this leadership role by starting from where people are at and building with them.

In January 2018, I was written a case at 9:45pm for creating a disturbance along with six other comrades. The case was read to me at approximately 10:30pm the next day. I had read that they have 24 hours to read you a case after it is written. This was the first in a long list of procedural errors that followed. It did not matter that one elderly lady was heavily medicated after the death of her sister and was asleep on the night in question. It did not matter that we all wrote a statement for her. One lady had an answer to go home, three ladies were waiting to see parole, and I had just requested a special review. We were all found guilty, but not of creating a disturbance. We were all found guilty of a charge they added while we were at court: Disobeying a direct order.

Needless to say I grieved the case, which was a major infraction. I knew the Lt. involved was involved in an alleged beating of another comrade some years ago, so before I sent in my grievance I sent a copy to my mom. Yes! Us women are beaten, raped, sexually harassed and/or assaulted, and placed on chain gang/hoe squads as punishment. I made a carbon copy of the grievance, and my mother sent a copy to the Regional Director’s office and the Ombudsmen. Someone from the Regional Director’s office visited me to ensure I was not being harassed.

Of course Step 1 was returned claiming “no procedural errors were noted.” A blatant lie. I sent in a Step 2 and am awaiting a response. In the wake of these bogus cases one lady’s parole answer was revoked and three others fear the same fate awaits them. I was denied the opportunity to take correspondence courses for a bachelor’s degree. In situations like this I have to remind myself that the worst case I ever caught was the one that put me here. I will not live here in fear.

I do not yet have the TX Pack, but I advise you all to read your rulebook thoroughly, learn your A.D.s (P.D. 22s get kicked back often as unprovable, your word against theirs). A.D.s aren’t so easily denied, and Step 2 EVERYTHING! When necessary Step 3. Also, obtain a list from sub counsel of all the reasons you can successfully appeal a case. Last, keep your nose clean. There are people who tell me they will never write a grievance. They find it insulting when a pig tells them to “grieve it”. “I would NEVER” they say. Then some injustice is done to them and they come to me. I give them a code to go look up. The seed is planted in this way.

Another response I get is “write it for me and I’ll sign it”. Comrades, it seems nearly impossible to gather the troops. However, don’t look at it from that angle. Writing 20 people’s grievances is just like doing their homework so they can graduate. They still won’t be able to peep the science nor do the math. When you have 2-3 people who are willing to campaign with you then each of you are known for activism, you’ll have people coming to you. When that time comes, guide them, don’t do their homework. In this way, “less is more, it’s plenty of us”.

MIM(Prisons) responds: This comrade is clearly leading by example, and one of the examples ey sets is ey doesn’t let small failures upset em: “I will not live here in fear.” Success takes sustained effort over a long period of time. COs will discourage us every chance they get. The DOC administration will do everything they can to shut down our protests even when we play by their own rules. This all is part of the battle, to expect it, and keep doing what we’re doing in spite of any discouragement. Often our grievances will fail, but that doesn’t mean we give up. It just means we need to look at our plan of attack.

The more successful we are, the more people are gonna hate on us. The better we get at filing grievances and lawsuits, the more the state is gonna repress us. Strong comrades like this writer stand up to this repression and continue to demand their rights be respected.

This writer also brings up an important point about leadership. Leaders need to prepare people to do things themselves, how to fight their own battles. The important thing is not filing the grievance itself. The important thing is teaching people how to fight these battles, and helping them build confidence that they can fight back. These lessons will carry over into other parts of their life and political work. We need more leaders to step up and provide this education behind bars. In this issue of ULK there are lots of suggestions for ways to engage people and do organizing work. Find a way that works for you to become a leader in the anti-imperialist movement!

Thank you for your literature list. I am interested in a lot of the material more so on Aztlán/Mexico. As of right now they are censoring and denying the book Chican@ Power and the Struggle for Aztlán. Since a movement has started that has ended all brown-on-brown violence between two tribal groups we were put on lockdown because all violence stopped. Both groups were going to class, rec, sitting, eating together and staff did not like it and slammed us down. I only have a couple more weeks in this facility. As soon as I leave I’ll put in an order and send money for the materials I need since for some reason this facility has stopped everything about Aztlán or Chicano revolutionary subjects.

MIM(Prisons) responds: This is very inspiring news coming out of Colorado. The oppressors have always feared the unity of the oppressed. We take it as a sign of success that the prison felt compelled to respond to the unity of Chican@s with a lockdown. They expose themselves with these actions: prisons are not trying to reduce violence, they are just in place to implement systems of social control. Unity of the oppressed threatens that control. Keep up the good work comrades!

Revolutionary greetings of love, dedication and resiliency to all freedom fighters and fearless front line generals, soldiers and warriors who dare to struggle and sacrifice for liberty, freedom and equality from behind the walls, fences and cages of genocide and oppression. As we continue to raise awareness and lift up our voices so that we may be heard on the issues of systematic racism and economic exploitation in the criminal justice system, as well as prison slavery, police killings and brutality. We continue to see an evil and determined enemy dig in its heels in the name of white supremacy.

I am a Missouri prisoner who has been imprisoned for 32 years. I am educated with a paralegal degree. With my credentials, I have a legal clinic of 10 comrades. We have taken it upon ourselves to do separate booklets of individual civil complaints such as: censorship, religion, cruel and unusual punishment (prison conditions) etc. We will be sending those to MIM(Prisons) upon their completion. We have made censorship our first priority, and already sent this one in to MIM(Prisons).

However, we only have an ex-amount of time in the law library, so we have to copy case-law (hundreds of them) and take them back to our cells and work on our booklets. Our resources are limited and we need help! So if any of my comrades know of places that will send “unlimited” printed caselaw to us, please contact MIM to pass the message on.

MIM(Prisons) responds: These comrades are setting an example of how to make your work impact more than just one persyn. Many can benefit from concise information on how to fight specific legal battles. The first guide created by this group, fighting censorship, is a good example of this as it ties directly into a problem that the revolutionary movement behind bars faces regularly – the censorship of our literature. Under Lock & Key and other lit that we send in is often rejected and our only recourse is grievances and legal challenges. Because of the critical role that revolutionary education plays in our organizing work, we prioritize this legal battle. And we distribute a censorship guide to all who have our lit rejected.

We have a few cautionary notes to those working on this legal project and others who are interested in taking up similar legal work. First, there are many guides already out there for prisoners, so anyone putting time into this type of project needs to start by making sure you’re not duplicating work.

Second, as with our anti-censorship work, it’s important that we tie our legal work to our revolutionary organizing. There are many legal battles that prisoners are fighting, but these can be a distraction from the larger struggle if we don’t tie them to the reality that the legal system isn’t going to make real or substantive change for us. We might win a few censorship battles, but we’ll never effectively stop censorship through the imperialist courts. We use the censorship struggle to highlight the hypocrisy of imperialism and underscore their fear of revolutionary education, while making some room for us to reach people with politics.

We need to be organizing people to use legal battles as a part of the larger campaigns that the movement prioritizes. We can attempt to use the courts to our advantage, but our goal in the long run is to dismantle the imperialist courts and replace them with a system of people’s justice.

This letter is about how we need to encourage and educate each other while we are all in here. I am in my late 30s and this is my first arrest ever in my life. So the first couple of weeks was rough, until one of the guards made a threat against me and I did a greivance. The other prisoners laughed and said it would do no good. At first I felt they were right. The CO I wrote up was given the grievance and ripped it up in front of me and started to tell the others I was a snitch. I felt helpless.

Then I realized every other prisoner is between 17 and 23 – youngsters. So I decided to educate myself and others. So I got a copy of the grievance policy and exhausted it. Then a copy of the state commission policies and filed with them.

Finally I got a copy of your newsletter and passed it around and – bam! – the fire was lit in 2 people on my rung. They wanted to know how to file grievances so I showed them, walked them thru, and gave the support and explained that it all takes time to get any kind of legal paperwork done. After 2 and a half months, 2 suspensions and termination, I was moved to population. After about 2 hours of talking with the 20 inmates I was going to be housed with, we handed in 19 grievances. So now i am back in seg. The basic message is this: we need to teach these youngsters, educate them. As a common voice we can be heard and make a difference.

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

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

Legislative Corrections Ombudsman Office<br>
PO Box 30036<br> Lansing, MI 48909<br><br>

United States Department of Justice - Civil Rights Division<br>
Special Litigation Section<br>
950 Pennsylvania Avenue, NW, PHB<br>
Washington, D.C. 20530<br><br>

Office of Inspector General<br>
HOTLINE<br>
P.O. Box 9778<br>
Arlington, Virginia 22219<br><br></blockquote>

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

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

I don’t agree with the idea of Jackson being a homophobe by stating that unmarried white women are left to become prostitutes, nuns, and/or lesbians; I don’t find it derogatory either. I don’t agree or disagree with his statement. I actually have no judgement on that idea. I don’t understand why MIM says it’s homophobic and derogatory.

MIM(Prisons) responds: The MIM review of Soledad Brother we sent this comrade with a copy of the book includes this critique:

“The first part of the book, mostly letters to his mother and father, is not very political. Jackson uses many sexist stereotypes in this section, often to criticize his mother for failing in his brother’s and his own education. He says, for example, that unmarried white women are left to become prostitutes, nuns and lesbians (p. 45). While it is true that economic forces put more pressure on unmarried women (the fastest growing population in poverty are women and children), Jackson’s stereotype is homophobic and derogatory.

“Much of what could be criticized as sexist in Jackson’s writing is left as ambiguous. He says that ‘The white theory of ’the emancipated woman’ is a false idea’ (p. 46), which is an economic reality of Amerikan capitalism, but no context is given. To his credit he does explain that Black women are the backbone of the family (p. 74).”

The George Jackson reference is as follows:

“In the society of our fathers and in the civilized world today, women feel it their obligation to be ever yielding and obedient to their men. Life is purposely made simple for them because of their nature, and they are happy. When the women outnumber the men in the black societies, the men take as many wives as they can afford, and care for them all equally. In the white for some nebulous reason the men can take only one… the rest are left to become prostitutes, nuns, or lesbians.”

The beginning of the quote is perhaps the more damning part, positing that wimmin have a simpler nature than men and therefore are happy serving them. We hope you don’t agree with that part. The homophobia is perhaps more subtle, but Jackson is clearly pointing to these three options as being not good, and praising Black men for saving Black wimmin from such fates – having sex in exchange for money/things, not being able to have sex, or having to have sex with wimmin instead.

The grain of righteous truth in the Jackson quote is that white society had more fully succumbed to capitalist individualism, so that wimmin are more often left to fend for themselves in situations that are not conducive to meeting their needs. But Jackson contrasts this with the paternalist assumption that wimmin need to be taken care of by husbands in order to survive, suggesting that polagamy is a selfless sacrifice by men. The unique struggle of wimmin under capitalism is a result of the intersection of the patriarchy and capitalism, not about wimmin needing husbands to survive.

I’m writing to ask for more info on the California prison system putting SNY (Special Needs Yard) and mainline together in order to show that nothing has changed and the prisons are still very dangerous.

What I do know is that it started a few weeks ago here at Centinela State Prison and we are hearing of widespread violence at every yard they are doing this on – the so-called 50/50 yards or Programming Facilities (P.F.S.). We have only heard rumors at this point. Of course the staff would never tell us outright, but they do give hints. Any help in this matter will be appreciated. A lot of us here at Centinela SNY yard are endorsed to San Quentin PFS yard. We would love to help stop the violence, but it’s really mainline shot callers that will decide.

Most of us here on the SNY side want to do our time in peace. That’s why we are put on this side. Anyway, thanks for any help on this matter.

A USW comrade reports: Here at Corcoran they’re integrating yards. Now SNY/GP STG I & II are on the same yards, and being forced to program or be labeled program failures.

Legion of USW comments: June 2018 – As predicted the CDCR is doing away with the SNY/GP mainlines in favor of undesignated program yards. Legion did the math on this problem years ago and was made a mad scientist preaching that Black God stuff.

This provides USW a unique opportunity to be at the vanguard of the battle field building bridges instead of barriers. The prols have an opportunity to become the change they want to see. We have to revise and revisit certain debates about what solid looks like. The future is now and we need to adapt our struggle to the new landscape.

Legion is calling all God Bodies into formation! There’s no such thing as SNY or GP on the streets. You have factors and non-factors. We are factors; socially, politically and mentally. USW is where it’s at. Let’s crash the system!

Power to the People!

MIM(Prisons) adds: Early in 2018, the CDCR began transforming Level I, Level II, and, now, some Level III prisons into “non-designated yards”, eliminating the divide between SNY and General Population. This began with the healthcare facilities and fire camps. According to CDCR, SNY was created 20 years ago, and now accounts for one third of the California state prison population.(1)

In a video message on the subject, CDCR Director Scott Kernan calls on California prisoners to focus on themselves. He calls for them to disregard “prison politics.” While tapping into a real mass sentiment that is sick of some of the “prison politics” that leads to unnecessary beef and violence, this appeal to Amerikan individualism is misleading. The new Programming Facilities require prisoners to participate in the CDCR program. This is not really focusing on self, this is joining a group with strict guidelines. This path is a choice. And CDCR wants to make it the most appealing choice.

All humyns live in society. We cannot focus on self without also being part of a society and playing a role in it. For the oppressed, the support of the group is even more important. So prisoners must ask themselves if the CDCR program is the group that best serves their interests. We await reports from comrades inside as to the full implications of this reorganization. But we can look back to the “Step Down Program” implemented for SHU prisoners in response to the historic hunger strikes in 2012 and 2013, which coerced prisoners into accepting the oppressor’s definitions of criminal.(2) The PFS have a similar focus on “programming,” promising a more productive and quicker release in return.

We do not have the info to fully answer the comrade’s question about what is happening in these non-designated yards right now. But we echo the call from ULK 62 for USW comrades in California, especially those in the 50/50 yards, to work to build unity across different groups in these dynamic conditions.(3) As Legion alludes to above, change is in favor of the oppressed, it is only up to us to seize the opportunities that each change offers. For this September 9th Day of Peace and Solidarity, California USW will focus on this issue of the “non-designated yards”, and building peace and unity among these new conglomerates of people. For the next issue of ULK we want to hear about the successes and failures of this organizing, of September 9th, of the 50/50 yards and what it all means for organizing to end oppression on a systemic level.