Under Lock & Key

Title II The Americans with Disabilities Act (ADA), codified as Title 42 of the United States Code, Section 12131 (42 USC §12131, herein after §12131), applies to “any State or local government, any department, agency, special purpose district, or other instrumentality of a State or States or local government…” (§12131[1][A][B]). The ADA defines a “qualified individual with a disability [as] an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal or architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in program or activities provided by a public entity.”(§12131[2]).

Disabled prisoners in state facilities come under the auspices of ADA provisions.

“[S]tate prisons fall squarely within definition in 42 USCS §12131(1)(B), of ‘public entity’ subject to Title II, (2) text of ADA provides no basis for distinguishing recreational activities, medical services, and educational and vocational programs provided to prison inmates from ‘services, programs, or activities’ provided by other public entities …[.] [T]itle II’s definition of ‘qualified individual with disability’ […] which refers to ‘disability’ requirements and ‘participation’ in programs, does not exclude prisoners.”(Pennsylvania Department of Corrections v. Yeskey, 118 S.Ct. 1952)

In the landmark case Ball v. LeBlanc, 792 F.3d 584, the U.S. Court of Appeals for the 5th Circuit held: Under the ADA, Louisiana state prisoners on Angola’s death row were to be considered disabled if:

“[They have] ‘a physical or mental impairment that substantially limits one or more major life activities.’ (42 U.S.C. § 12102[1][A]). The statute defines a major life activity in two ways. First, major life activities include, but are not limited to: caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, thinking, communicating, and working.

“Second, a major life activity includes ‘the operation of a major bodily function.’ Such functions include, but are not limited to: the immune system, normal cell growth, digestive, bowel, bladder, neurological, endocrine, and reproductive functions. The prisoners can prove themselves disabled if their ailments substantially limit either a major life activity or the operation of a major bodily function.”(42 U.S.C. § 12102 [2][A][B])

The ADA requires prison officials to reasonably accommodate disabled prisoners in regard to all activities afforded able-bodied prisoners. “[D]eliberate refusal of prison officials to accommodate inmate’s disability-related needs ([in] virtually all [ ] prison programs) constituted exclusion from participation in or denial of benefits of prison services, programs, or activities. ‘[P]ublic entity’ under 42 USCS §12131(1) includes prisons.”(United States v. Georgia, 126 S.Ct. 877; Loye v. County of Dakota, 625 F.3d 494)

Though the ADA bestows on disabled state prisoners the right to reasonably participate in all prison activities, probably of paramount importance to disabled prisoners is participation in requisite programs that must be attended per consideration for early release from prison to limited liberty on parole. The ADA ensures disabled prisoners access to these activities as well.(United States v. Georgia, supra.; Yeskey, supra.; Jaros v. Illinois Department of Corrections, 684 F.3d 667; Gorman v. Bartch, 152 F.3d 907; Paulone v. City of Frederick, 787 F.2d 360; Raines v. Florida, 983 F. Supp. 1362)

An organizational tactic that disabled prisoners might employ in combating discriminatory exclusion from prison programs, activities, and/or services, could be to pursue litigation as a class, or group, of plaintiffs pursuant to Federal Rule of Civil Procedure (FRCP) Rule #23. To identify as a class, disabled prisoners must establish “numerosity, commonality, and typicality.”(Kerrigan v. Philadelphia Board of Elections, 248 FRD 470; Marcus v. Department of Revenue, 206 FRD 509)

In short, a contingent of disabled prisoners must convince the Federal court there is a significant number of “similarly situated” prisoners being denied their rights and entitlements guaranteed by the ADA, thereby identifying a class the court can certify as such.(Armstrong v. Schwarzenegger, 261 FRD 173) Once a class has been certified, any injunctive relief enforcing the ADA encompasses all prisoners identified as the class of prisoner plaintiffs.(Schwarzenegger, supra; Benjamin v. Department of Public Welfare, 807 F.Supp.2d 201)

Monetary damage awards can be obtained if the state actors are deliberately indifferent to prisoners’ disability or if violations of the ADA are intentional.(United States v. Georgia, supra; Tennessee v. Lane, 124 S.Ct. 1978; Panzardi-Santiago v. University of Puerto Rico, 200 F.Supp.2d 1).

The ADA enjoins prison systems to provide disabled prisoners auxiliary or adaptive aid devices ensuring disabled prisoners are reasonably able to participate in prison programs, activities, and/or services. (Robertson v. Las Animas County Sheriff’s Department, 500 F.3d 1185). This means if you are disabled or impaired as recognized per the provisions of the ADA, the state must provide you with implements and apparatus so as to assist you in participating in common daily and required programmatic activities.

In sum, to prevail on an ADA violation claim, a disabled state prisoner would submit to a Federal district court with jurisdiction a civil rights violation complaint pursuant to 42 USC §1983 (United States v. Georgia, supra) (a §1983 form can be obtained from the clerk in the district in which the civil suit is to be filed) citing §12131 as statutory provision authorizing the claim. In the complaint a prospective plaintiff must show they are a qualified person with a disability, they were excluded from participation in or denied benefits of a prison system’s programs, activities, and/or services, and the exclusion and/or denial of benefits was due to the prisoner’s disabilities.(United States v. Georgia, supra; Panzardi-Santiago, supra; Constantino v. Madden, 16 FLW Fed D 321)

Prison administrators are to be trained, and to train or to have trained prison officials and personnel that are to supervise and have contact with disabled prisoners.(Gorman, supra) Moreover, it is important disabled prisoners be aware non-medical prison officials can in no way supersede any medical directive affecting a prisoner’s disability or accommodation thereof. (Chisolm v. McManimon, 275 F.3d 328; Beckford v. Irvin, 49 F. Supp. 2d 170; Saunders v. Horn, 959 F. Supp. 689; Arnold on Behalf of H.B. v. Lewis, 803 F. Supp. 246)

The above is a very brief and truncated overview of the ADA as it applies to state prisoners and should not be construed as a comprehensive examination of disability law as it pertains to prisoners. This article is no more than a primer meant to initiate disabled prisoners with their legal rights and remedies. If a disabled prisoner is experiencing abuse and discrimination at the hands of prison officials, the disabled prisoner should take it upon themselves to research pertinent precedents and authorities necessary in remedying the situation and pursue those via the various avenues of relief.

The U.S. Department of Justice provides a free 211 page booklet entitled “ADA Title II Regulations: Non-discrimination on the Basis of Disability in State and Local Government Services.” The booklet can be had in large print, audiotape, Braille, and DVD. The booklet can also be provided in Cambodian, Chinese, Hmong, Japanese, Korean, Laotian, Spanish, Tagalog and Vietnamese. Or it could be, that is until the Jingoist xenophobe Trump took the imperialist helm. The DOJ can be contacted at:

U.S. DOJ
Civil Rights Division
Disability Rights Sec.
950 Pennsylvania Ave, NW
Washington, DC 20530

There are a number of non-governmental organizations that assist disabled prisoners on a pro bono basis. The DOJ can provide contact information for disability rights advocates in your area.

Finally, the law library at your facility may have available for review the annotated version of §12131. This annotated edition of Title II of the ADA provides synoptic court rulings of the rights afforded disabled prisoners.

Very important is to document and keep records of all acts of disability discrimination and violations of the ADA – incidents, names, dates, witnesses, etc. This can best be accomplished via the administrative grievance procedure at your prison, while at the same time executing the required exhaustion of administrative remedies prior to filing suit.

In closing, it is my sincere desire that this overview proves to be of effective utility to those disabled prisoners facing the barbarous conditions of existence imposed on them by the enforcers of the carceral state.

To any able-bodied prisoners that may read this brief overview, I would remind you, an injury to one is an injury to all!

Revolutionary greetings to all kaptives inside the gulags of the United $nakes of A-murderer. As kaptives with lots of time on our hands, knowing firsthand the oppressive state apparatus, we must work to politicize ourselves, then our contacts on the streets. As there are many orgs in existence pushing for exposure of prison conditions, we must do our part; persistently sending them reports on incidents of violence, food and health care neglect, mail tampering, and the overall divisive and mentally debilitating tactics used by the state (and its pig lackeys).

We must teach one another how to analyze these conditions from an anti-imperialist perspective. We then must help to raise the consciousness of those outside the gulag (individuals, orgs, support networks, etc.). We must help them to see the direct cause of our treatment as imperialism; then we can tie in some of their personal struggles as belonging to the lumpen class/oppressed nation as well, hence imperialism as well.

It appears that our path forward is constantly blocked or taken over by enemy, backwards, or conservative elements without our nationalist movements. Hence our nationalist consciousness remains a strong aspect to unify around. And we should study projects such as the Jackson Rising platform, to both amplify our call to national unity as well as develop the tactics and strategies used by them. By showing the link between imperialism and national oppression, we can direct the path forward.

MIM(Prisons) adds: Jackson Rising was a conference in 2014, which launched the Cooperation Jackson project based out of Jackson, Mississippi. Cooperation Jackson is building dual power for colonized New Afrika, and is an outgrowth of the Provisional Government of the Republic of New Afrika, and the Jackson-Kush plan.

Cooperation Jackson’s aim for self-determination for New Afrika is certainly righteous. Yet we want to raise one line question in the project which we believe is extremely important. The economic analysis of Cooperation Jackson seems to deny the petty bourgeois nature of non-lumpen New Afrikans. According to a document titled The Jackson-Kush Plan: The Struggle for Black Self-Determination and Economic Democracy,

“Operation Black Belt is a campaign to organize the oppressed peoples and exploited classes in the South, particularly concentrating on organizing Black workers in the region who form the core of the oppressed Black or New Afrikan nation that has been super-exploited for centuries, into militant, class-conscious and social movement-based worker associations and unions.”(p. 13)

While it was reasonable to refer to New Afrikans in the 1960s and earlier as proletarian, or exploited, we believe there is no way that any U.$. citizens could be considered super-exploited today. The struggle for unionization and benefits for citizen-workers today comes largely on the backs of the actually super-exploited people working across the Third World.

Our comrade in Ohio suggests above that our subscribers need to raise their own consciousness, and then reach out to people outside prisons to help raise their consciousness. MIM(Prisons) struggles with other organizations through ULK regularly. Our subscribers struggling with other orgs through the mail, or ULK, is certainly another medium to advance the anti-imperialist movement. You can write in to MIM(Prison) for reading material about the labor aristocracy. Cooperation Jackson can be reached at PO Box 1932, Jackson MS 39215.

When it comes to unification in prisons, there is one topic that needs to be addressed: discrimination. For some reason, prisoners have a tendency to discriminate against other prisoners for a plethora of reasons. Race, color, creed, ethnicity, and sexual orientation are just a few. The one I would like to discuss here is sexual orientation.

I use the word “orientation” instead of “preference” because this is a unique situation in prison. So many times people become homosexual in this environment out of necessity, or force, rather than by choice. Unfortunately, the prison systems in this country are disproportionately black, and this largely contributes to the large number of whites who fall prey to and are trapped in the prison sex slave industry. Some do it for protection and security, and some are just bullied and coerced into it. For many it’s just a means of survival.

The drug trade is also thriving in the prison environment, which is another trap for those who struggle with addiction issues. They are able to support their habits by exchanging sexual favors for a “fix.” In addition, the drug dealers are able to get their hands on female hormones such as estrogen, which they dose their sex slaves up with. These drugs can have long-term, even life-long effects which increases a lot of the guys’ sense of worthlessness.

Many times, the reason that white prisoners are abused this way is due to black prisoners’ desire to retaliate against the predominantly white-run system that has oppressed and persecuted them throughout their life. While this desire is certainly understandable, their attacks are misdirected. We shouldn’t discriminate against anyone for any reason because, as prisoners, we are all ultimately in the same situation. We should struggle together toward the same goal.

There are definitely people in prison who elect to practice homosexuality out of their own free will. We shouldn’t exclude them as comrades either. We must all unite and fight the system that has taken everything away from us.

Let’s put our differences aside, regardless of what they are, and let’s stand united as equal partners and bring this tyranny to an end. We’re all human beings and none of us are better than the rest. It’s time that we realize that and stop judging and classifying each other. Let’s focus our energy on the proper target: Imperialism and the Prison Industrial Complex. United we stand, divided we fall!

MIM(Prisons) responds: This is an excellent reminder of the importance of fighting against gender oppression within prisons. This comrade is right on that we need unity, and we must fight the use of sex to coerce, punish, or just overpower others. We don’t care if people are straight or gay or any other form of queer, as long as they are on the side of anti-imperialism and building unity rather than division.

While the U.S. Department of Justice affirms this writer’s assertion that many victims of sexual assault are white (and numbers are even higher for people who are “two or more races”), we don’t have access to data on the national background of perpetrators.(1) Even if it is true most perpetrators are New Afrikan, we also can’t conclude whether this would be because of a psychological desire for retribution, or simply a statistical likelihood because so many prisoners are New Afrikan in the first place.

To push the fight against rape in prison forward, we have the example of Men Against Sexism (MAS), a prisoner organization in the 1970s that fought sexual assault, providing protection for vulnerable prisoners and attacking the culture of sexism. Ultimately MAS had a significant positive impact at Washington State Prison which in turn impacted prisons across the state. MAS demonstrated the potential power of conscious prisoners coming together for an important cause.(2)

The USW-NV study group spent much time discussing the topic of gender, sexuality, and what our position on it must be. This discussion came about because a comrade heard SCO Franco and another officer discussing two trans women that live in another pod. SCO Franco, with a number of racial and homophobic slurs, stated that he was looking for a reason to write them up because “no fag would be on my tier prostituting themselves unless I am getting something.” These pigs were making a big joke out of it. This comrade spoke up, and as a consequence his cell was searched, and he lost some items.

We have determined, through our discussions, that gender is more than simply genetic. It is not a matter of choice, nor can one be “cured” of homosexuality. We are born who we are, and any person or institution that challenges this must be struggled against.

Based upon this and many other discussions, we have reached out to the LGBTQ community both within the Nevada DOC, and the greater community, in an attempt to build solidarity, and show them that they are not alone.

The LGBTQ community, especially within prison, is a very preyed-upon community. Inmates avoid them, assault them, or simply exploit them, while the pigs ignore them. Within prisons, members of the LGBTQ community have lost any identity, and instead have become “them,” “fags,” or “MOs.” This is unacceptable. As such, we have taken an active role in promoting a call for the organization of the LGBTQ community into statewide groups. This call was put out by a great LGBTQ group called Black and Pink.

We have aided in the formation of a NV LGBTQ group, have and will continue to associate with them openly to show our solidarity, and will, if the need arises, defend this group or its members, in whatever ways needed. Be it from the pigs, or other inmates.

We call on all to follow, stand up against all forms of oppression, exploitation and hatred. Contact Black and Pink and show your support, and reach out to the LGBTQ community at your prison. Stand with them, help them organize, and join our United Struggle from Within.

Black and Pink is an LGBTQ organization that publishes a monthly newsletter, and helps those members of the LGBTQ community who are incarcerated. The NV-USW has reached out to them in hopes of starting an open chain of communication. We have not heard back as of yet, but please contact them and call on them to join the United Struggle from Within. You can contact them at Black and Pink National Office, 614 Columbia Rd, Dorchester, MA 02125

La primera vez que vine a la prisión toda mi percepción de organización en las calles cambio. Un cambio debido a la educación de historia: historia de otros movimientos y su organización en las calles desde la prisión. Yo soy creyente de que los prisioneros pueden tener una gran influencia con los activistas debido a nuestras luchas aquí. Pero como el dicho dice; “La lucha del prisionero hoy sera la lucha de la calle mañana.” El trabajo que se debe realizar desde estas paredes es para ayudar a influenciar otras organizaciones en educación, estrategia, democracia central y unidad sobre todos los trabajadores y personas oprimidas. Pero lo que encuentro en las calles es que todo el mundo quiere escoger que batalla es mas importante para su causa en vez de buscar una solución para todos los retos de las organizaciones.

Aquí en prisión a veces nos quedamos atrapados arrogantemente en pelear un asunto, que sólo satisface los deseos de egoístas de una persona, en vez de retar los asuntos que cambian el sistema de forma completa. Nosotros tenemos que aprender a unirnos bajo un paraguas para atacar los asuntos que enfrentamos.

Mi audiencia objetivo serian los trabajadores porque creo que tienen poder pero no lo saben todavía. La diferencia que contradice el trabajo con los trabajadores es que algunos están tan atrapados por el consumismo que no se organizan, o no quieren perder sus estatus así que no luchan enteramente por un mejor sueldo. También pude ser difícil trabajar con el lumpen por la falta de recursos.

Nosotros tendríamos que construir una opinión publica a través de medios de comunicación, cultura del hip hop, deportistas y revistas. La contradicción del capitalismo tiene que ser expuesta para que la audiencia asignada tenga algo porque luchar. Pero para concluir, los prisioneros también pueden ayudar a los LOs construyendo unidad y sobre entendiendo los asuntos de cada uno, combinando teorías y usando la ciencia para desafiar al sistema imperialista.

MIM(Prisons) responds: Este escritor ha traído un punto importante sobre la necesidad del poder mirar mas allá de nuestros asuntos y deseos personales hacia los problemas más grandes de los oprimidos. Esto es especialmente importante si esperamos unirnos más allá de nuestra distinción local. Y de seguro podemos usar salidas culturales para construir una opinión pública y unidad.

En la pregunta de organizar trabajadores, nosotros hemos escrito mucho sobre “la compra natural” de la mayoría de los trabajadores dentro de las fronteras de los U.$. y vemos esto como una explicación material para lo que este escritor anota: Ellos están atrapados en el consumo y no quieren pender su status. Estos trabajadores ganan más que el valor de su labor debido a todas las ganancias de la explotación del Tercer Mundo, que se trae de vuelta a este país imperialista. De forma que los trabajadores aquí sí entienden que su estatus es valioso y genera ganancias. Ellos tienen el dinero para gastar lo que les permite quedar atrapados en el consumo. Como resultado nosotros hemos visto a través de la historia de Amerika que estas personas no son una fuerza para el cambio progresivo, y organizarlos para que exijan salarios más elevados no es organizarse contra el imperialismo. Esta es una de las razones por qué nosotros nos enfocamos en la organización de los lumpen como un grupo que probablemente tenga un interés en la revolución.

In 1492, the European colonization of Turtle Island, which they’d call the Americas, began with the voyage of Christopher Columbus, in command of the Niña, Pinta, and the Santa Maria. This recon expedition arrived in the Caribbean and landed on the island of present-day Haiti and the Dominican Republic, which they named Hispaniola. In 1492, Columbus returned with a second, larger force, comprised of 17 ships and 1,200 soldiers, sailors, and colonists.

By 1535, Spanish conquistadors had launched military operations into Mexico, Central America, and Peru. Using guns, armor, and metal-edged weapons as well as horses, siege catapults, war dogs, and biological warfare, the Spanish left a trail of destruction, massacres, torture and rape. Tens of millions of indigenous peoples were killed within the first century. The Mexica (or Aztec) alone were reduced from 25-million to just 3-million. Everywhere the death rate was between 90-95% of the population.

For all native Americans, the coming of Europeans to the New World marked the beginning of a long, drawn-out disaster. Their cannons and rifles gave them the ultimate power to inflict their will on the indigenous people. Even as they learned from the indigenous people how to survive in their new environment, Europeans saw their own way of life as the only “true” civilization. Indeed, so powerful did the notion of European superiority become that today they celebrate the “Discovery” of the New World by European explorers. Too often, we forget that what happened in 1492 was not the discovery of a New World but the establishment of contact between two worlds, both already old.

Was the European, or “Western” way of life really superior? This question remains a subject of stormy controversy throughout the world. Much of the resentment against Europeans and North Amerikans expressed by people in the Muslim world, for example, is based on the history of invasion, conquest, and domination by Western powers, a subject to which our RAZA and ALL indigenous people in the Western Hemisphere are familiar. European invasion and settlement spelled the doom of indigenous societies.

Amerikkka has always been a hegemony, a term which refers to dominance or undue power or influence. A hegemonic culture is one that dominates other cultures, just as a hegemonic society is one that exerts undue power over another society.(Gramsci, 1992/1965, 1995)

Ideologies

A classic study of the emergence of an ideology was Max Weber’s analysis of the link between Protestantism and Capitalism, The Protestant Ethic and the Spirit of Capitalism (1974/1904). Weber noticed that the rise of Protestantism in Europe coincided with the rise of private enterprise, banking, and other aspects of capitalism. Weber hypothesized that their religious values taught them that salvation depended not on good deeds or piety but on how they lived their entire lives and particularly on how well they adhered to the norms of their “callings” (occupations).

The most important norms in Western civilizations are taught as absolutes. The Ten Commandments for example, are absolutes: “Thou shalt not kill,” “Thou shalt not steal,” and so on. UNFORTUNATELY, people do not always extend those norms to members of another culture. For example, the same “explorers” who swore to bring the values of Western civilization (including the Ten Commandments) to the New World thought nothing of taking Indians’ land by force. Queen Elizabeth I of England could authorize agents like Sir Walter Raleigh to seize remote “heathen and barbarous” lands without viewing this act as a violation of the strongest norms of her own society.(Jennings, 1975; Snipp, 1991) Protest by the indigenous people often resulted in violent death. But the murder of indigenous people and the theft of their land were rationalized by the notion that the indigenous people were inferior people who would ultimately benefit from European influence (the same ideology that justifies in their minds the wholesale murder of our Raza throughout the barrios of Aztlán by the police). In the ideology of the conquest and colonial rule, the Ten Commandments DID NOT APPLY (then or now).

So when you hear Trump making statements like, “Make Amerikkka Great Again!”, make no mistake about it, what he is in fact saying is, “Make Amerikkka White Again!”

So in commemorating the Plan de San Diego, when asked the question, “What’s this gotta do with me?” “Everything you’re talking about happened a long time ago.” RAZA, it has everything to do with YOU! It’s time for the sleeping Giant to WAKE-UP! And say YA-BASTA! We have a rendezvous with destiny!

In this New Katun! This is OUR SIXTH SUN! As Chican@s growing up in occupied Aztlán. This is why Chican@s and Raza are discriminated against, marginalized and imprisoned at higher rates than Amerikkkans.

MIM(Prisons) adds: By the time this issue of Under Lock & Key hits the cell blocks across the United $tates, August will be upon us. In addition to the 38th annual Black August, commemorating the New Afrikan prison struggle, this August we mark the beginning of a campaign to commemorate the Plan de San Diego. This Plan called for a united front of oppressed nations living on occupied Turtle Island to take up arms against the settlers and reclaim land for the oppressed. If you haven’t already, write to MIM(Prisons) to get Plan de San Diego fliers to distribute. The flier calls on Chican@ comrades to study, build with others, write articles, make art and develop Chican@ consciousness inside prison.

The building of consciousness and unity this August should lead up to the 9th of September when all prisoners are encouraged to mark the United Front for Peace in Prisons Day of Peace and Solidarity. Last year, September 9 was marked with many actions across U.$. prisons to commemorate the Attica uprising. Let’s build on that momentum! Keep us updated by sending in your reports on what you achieved during Black August, Commemoration the Plan de San Diego and on the September 9 Day of Peace and Solidarity.

I’m responding in regards to ScHoolboy Q of the Hoover Crips in Los Angeles mentioned in Under Lock & Key 56. I’m a real 74 St Hoover Crip from the 70-99, with the real 83 St Hoover Crips, 92 St Hoover Crips and what is now known as 52 St Hoover Crips. This ScHoolboy Q is living off the fame of something he knows nothing about. He can not tell you about the struggle or how the Hoover Groover became the Hoover Crips or why the Crip culture of the 2 years are so disrespected by the neighborhoods they claim to be from. Let’s not put rap and money into the struggle. The quote is Crips don’t die, they multiply. That is the correct wording of the Crip saying. The stuff these rappers are saying take away from the true street life of Crips and the struggle to free the hoods they live in or the cop culture they had to fight with each day. Please let’s stay with facts when referencing the struggle. He ain’t kill no one, has not been shot, or has he shot anyone? He knows nothing about Hoover and that a fact.

MIM(Prisons) responds: We always welcome our readers assistance in staying with the facts. The mention of the Crips in that review was meant to highlight the connection to a positive New Afrikan struggle. In doing so we reinforced ScHoolboy Q’s self-identity as a Crip, something we cannot speak to. We can observe that today he’s making news for calling out United Airlines for putting his little dog on the wrong connecting flight, while real Crips are doing long bids in cages.

Being a “real Crip” in itself is full of contradictions. A lot of senseless loss of life has occurred in neighborhoods like the one this comrade came from. But we do respect the voices of the OGs that lived that struggle and are allies to the anti-imperialist struggle. It’s no coincidence that we see many who come from that life pledging their lives to the people. The worst criminals kill thousands around the globe and never express any remorse.

In the past we spent a good amount of time trying to work with some comrades to document that history for a book on the lumpen that was never completed. But we still welcome the stories from comrades like the one above, that will allow others to learn from the history and evolution of lumpen organizations in this country. The Crips are an interesting phenomenon as they are known internationally, and the name is repped by many who read our newsletter who do not know the history and struggle this comrade speaks to. It is a true cultural heritage of the New Afrikan lumpen in Los Angeles, the good and the bad. We hope that comrades from that culture can use it for good.

MIM(Prisons) espouses a valid conviction that here and now is not the proper moment for a popular uprising (armed struggle).(1) Historically speaking, this is correct. Yet, it raises an important question: should those following the MIM-line dissociate themselves from militant-lines?

First, we must acknowledge reality. I don’t mean theoretically or philosophically. Capitalists and their contributors will not surrender control/authority, or their social, global and class positions/privileges without mortal combat. Meaning it’s not a question of whether violent struggle will be necessary or not, but rather when is the indicative time? Before we (revolutionaries) can make that distinction, another question must be addressed.

How do we succeed in armed confrontation? This isn’t a matter to be solved with theory and study alone. Like Marxist theory or development of such it also concerns practice. Theory without practice is Proudhon-like idealism.

Comrade UFO asks, “What good is a gun if you don’t know who the enemy truly is?”(2) A reasonable question. UFO then goes on about “the enemy” being “the system” how it “must be changed” and that “guns with no vision or discipline is suicide for the united front.” The better question is: what use is vision or discipline if you lack the skills necessary to champion the cause?

A reliance on educating and building correct political perspective among the masses to solve the problem (capitalism-imperialism), is the same as praying to some benevolent deity for salvation,(3) while your house burns down around you. Your prayers may not be heard at all, let alone answered. If you act to put out the flames and call for help, you may find your salvation. I fear too many place study, theory, line and the likes on a throne of divinity. By doing so they become classroom revolutionaries. As important as all of that is, none of it becomes valid without practice. Engels, Fidel, Lenin, Luxemberg, Mao, Marti, Marx and others recognized this. So why do present-day revolutionaries seem opposed to practice?

Our answer turns on the issue of armed revolt. In theory it’s an accepted fact: armed, violent conflict will be needed. Still, many justify not engaging in such confrontations, at present, claiming it’ll bring disastrous repressions or “might jeopardize the united front.” As if “premature” military operations were the only risk to any anti-imperialist movimiento. A belief which many identify with and then shun alliances with militant organizations and/or lines. A big mistake.

These early armed confrontations are as important as educating, creating consciousness and organizing. Many militias and militant lines are conducting the practice needed to actually champion battle. Such actions create theory based on concrete analysis of concrete conditions. Classroom work is necessary but fieldwork will be the deciding factor once revolutionaries are holding their rifles.

Alienation of these groups or lines, even the apparent alienation of them, can provoke a crippling problem for communism – internal angst. One must recognize their work and sacrifice is invaluable. With their efforts running parallel to classroom work; revolutionaries who educated, built popular support, correct political comprehension and such, will not see themselves obligated to struggle to find appropriate battle theory and principles. The foundational work has been done and its results only need application.

Marx said, “to leave error irrefutted is to encourage immorality.”(4) As socialists and communists we all must employ and or cherish practice, not demonstrate aversion towards it. Through practice “man, in varying degrees, comes to know the different relations between man and man, not only through his material life but also through his political and cultural life….”(5)

MIM(Prisons) responds: This comrade is arguing that failure to engage in or at least support armed revolts is refusing to engage in practice. But yet ey concedes up front that now is not the time for armed struggle in the United $tates. It is true that historically we have seen revolutionaries gain many lessons from armed struggle that strengthen and solidify their movement. But these examples are in countries where the time for this struggle is ripe. In other countries, particularly in First World countries, where some groups have engaged in armed actions before conditions are such that there is a chance of winning, they have mostly ended up dead or in prison, not building a stronger movement.

The question this writer raises is: what is practice? Ey argue that educating people is not practice, it is theory. And it seems ey only consider armed struggle to be real practice. Further, ey seems to define “militant” practice as armed struggle. We disagree with this position. Theory work is study: reading and writing about that study. Practice is the real world activity of building a movement. This includes educating others. Someone who spends their time on their tier talking to people about conditions and the broader prison system and how it is tied together, building a united movement to fight those conditions, is not doing theory work. This is educational and organizing work. If you haven’t learned how to organize people to do something as non-committal as filling out a grievance form, how can you organize them to war? Working with others to fight critical legal battles like censorship, grievance denial, or abuse is practice. That practice needs to include educating people about the theory behind these legal battles and how they aren’t going to take down the criminal injustice system. And it should be focused on building unity for the longer term battles. But it’s still firmly in the realm of practice. And we do not think armed struggle is necessary for an organization to be militantly and aggressively active in the service of a cause.

In the essay On Practice (referenced by the author above), Mao wrote: “Whoever wants to know a thing has no way of doing so except by coming into contact with it, that is, by living (practicing) in its environment.” The point ey was making is that only through interacting with something can we come to fully know it. This essay actually defined practice far more broadly than just political activism: “Man’s social practice is not confined to activity in production, but takes many other forms–class struggle, political life, scientific and artistic pursuits; in short, as a social being, man participates in all spheres of the practical life of society.” The point being that one must participate in changing a thing to really come to know it: “If you want to know a certain thing or a certain class of things directly, you must personally participate in the practical struggle to change reality, to change that thing or class of things, for only thus can you come into contact with them as phenomena; only through personal participation in the practical struggle to change reality can you uncover the essence of that thing or class of things and comprehend them.”

There are many ways that we can engage in practice to change the world. Of course we know that ultimately to overthrow imperialism armed struggle will be necessary. But this is certainly not the only form of practice that is legitimate and necessary political work.

For diabetic prisoners, prisons can perform up to 5 fingersticks and insulin administrations per day. A problem is some prisons have blanket policies of only 2 fingersticks and insulin administrations per day, and diabetics are frequently and indiscriminately transferred out to these prisons even though more than 2 fingersticks/insulin administrations per day are necessary to adequatly control their diabetes.

I think the medical treatises, and the other sources cited in the enclosed hand copy of the grievance I have recently filed at my prison will enable diabetic prisoners, as well as prison administrators who are not medical professionals (i.e. the warden, etc.), to recognize when a 2-fingerstick policy is an inadequate regime of treatment.

I also think the illustration of how diabetes and extremely elevated glucose levels harms the body (as evidenced by levels over 300 points, and the accompanying signs and symptoms of elevated glucose) is enough of a showing of physical injury to satisfy the Prisoners’ Litigation Reform Act’s (PLRA’s) “physical injury” requirement necessary to allow a prisoner afflicted by this type of policy to recover additional damages for mental and emotional injury (42 U.S.C.A. Section 1997e(e)).

I am requesting you publish this information so that other prisoners throughout the country will know when their care is lacking and how to pursue proper treatment, through litigation if necessary.

Description of Incident

I am an insulin-dependent diabetic. Lunch is served for diabetics at 12:45 - 13:15 hrs. This is according to the Building Schedule. Like most other diabetics who require 70/30 type insulin, this schedule is too far outside the time frame my pre-breakfast injection of insulin works to lower my lunchtime glucose (by fingerstick at 17:00-18:30 hrs Diabetic Clinic). This is evidenced by the extremely elevated pre-supper glucose level in the 300s, 400s, and 500s. To prevent this, at all the other prisons I’ve been served lunch from 10:45-11:50 hrs. This is closer to the window period 70/30 insulin is effective to lower lunchtime glucose within. This was evidenced by a lowered pre-supper-time glucose level in the 200s, 100s, and below 100 points. (70/30 insulin is 70% intermediate-acting insulin and 30% short-acting insulin.)

I wrote a grievance on this problem, using information from the Prisoners Diabetes Handbook distributed by Southern Poverty Law Center, and Diabetes Solution by Jorge E. Rodriguez, M.D. On 28 December 2016 Counselor Johnson proofread my grievance for technical compliance before accepting it for processing. I will keep your staff at MIM(Prisons) informed of further developments regarding this.

Diabetes Summary

I also included in my grievance the following information so prison staff can understand the time frames insulin works within. There are 3 characteristics of insulin: onset (when the insulin starts to work), peaks (when the insulin is working the hardest), and duration (how long the insulin works for). The 70/30-type insulin I require is a mixture of 70% intermediate-acting insulin and 30% short-acting insulin. If you take short-acting (regular) insulin, and intermediate-acting (NPH) insulin, you need to eat on time by matching your meals to your insulin injections, so your insulin is peaking at the same time your glucose from your meals is peaking. Here are the time frames of 70/30 insulin:

For me, as for many of the other diabetics who require 70/30 insulin, regular peaks about 3 hours after injection. (This is also the same time my glucose from meals is also peaking.) The NPH component peaks about 5-6 hours after injection. This was about the same time all the other prisons I’ve been to serve lunch. This was an adequate enough time frame to allow the insulin to lower my lunchtime glucose, measured by fingerstick at suppertime. But here at Riverbed Correctional Facility (RCF) lunch is served too far outside the peak performance cycle to lower my glucose at supper time.

The following information is from Diabetes Solution by Jorge E. Rodriguez, M.D., and my past conversations with diabetes specialists and educators, including this prison’s own diabetes education facilitator, Registered Nurse Colin.

When you eat, food is broken down to the blood sugar, called glucose, which then enters the bloodstream where cells use it as food for energy. This process is called glucose-cell metabolism, and it can not occur without the hormone insulin. Insulin is made in the pancreas. Diabetes occurs when the pancreas either doesn’t make any insulin, doesn’t make enough insulin, or for other reasons the body cannot use its own insulin properly. When this happens glucose starts building up in the blood instead. Diabetes is defined as a fasting glucose level over 125 points, or a random glucose level over 200 points.

Diabetes harms the body in the following way: A glucose molecule looks like a ball made of many sharp points. In high levels the points become abrasive which damages the insides of the veins of the cardiovascular system, kidneys, eyes, etc., causing heart disease, kidney disease, blindness, etc. When glucose becomes this dangerously elevated, the body will attempt to pass it off in the urinary tract. A sign of this is frequent urination. Other symptoms of glucose having become this high are blurry vision, extreme hunger right after eating, dry mouth, thirst, etc. This is happening to me right after lunch at this prison. These symptoms persist until my next shot of insulin begins peaking, 3 hours after supper time insulin administration. A sign I am suffering kidney damage is I can feel my kidneys since I’ve come to this prison.

MIM(Prisons) responds: This writer is setting a good example for others of sharing knowledge and work ey is doing to help others. Individual medical battles like this one are important for the survival of the individual, and we can make the impact much broader by writing up our successes and failures, documenting information needed by others, and building a movement capable of saving lives while organizing to ultimately dismantle this system of dangerous oppressive criminal injustice.

I was transferred to California Substance Abuse Treatment Facility and State Prison (CSATF). Me and a companion from the former prison we arrived from knew that we had arrived at a concentration camp that was as shitty of a place as we could have ended up in. One can always tell the make-up of a prison by the writings on the walls of its R&R. If its toilets look like something that one could catch a disease from just staring at, and the pigs search out the property seizing every single object that the average person would assume allowable; face it, you’re in hell.

Time has found me here, but since the 30th of March, and there have already been several incidents forced before me, one of which surprised the living world out of me. And this isn’t something I say lightly. I am a person with pretty thick skin who would like to believe can handle just about anything. But on 6 May 2017, I was revealed a sign that showed me maybe I am not quite ready to handle it all.

1. I was solicited for murder of an inmate by a California correctional officer.

2. On the date of 6 May 2017, at CSATF, approx. 12:05 p.m. after returning from rec. yard to the assigned living quarters D2-211 to be informed by the cell-mate occupying the quarters with me that the facility unit officer Pano had conducted a punitive cell search of the quarters in response to the cell-mate’s failure to return to the living quarters in a timely matter, having my cooling fan confiscated.

3. The cell-mate mentioned is an XXX YYY ZZZZ, 28-years-old.

4. I reported to the officer in question C/O Pano, who was covered by colleague C/O Barajas – female floor officer – and C/O Martines – male tower officer – where I opened a dialogue with Pano in regards to an explanation for the confiscation/seizure of my cooling fan; at a time when the temperatures of the living quarters are rising to high levels.

5. C/O Pano replied that the objective of the search was to “give him the attention that he was looking for” referring to XXX YYY ZZZZ.

6. I notified C/O Pano that I had nothing to do with him and XXX YYY ZZZZ problem, and it was unfair that I’d had my personal property confiscated as a result of another person’s actions. I informed this officer that I would not be held accountable for another prisoner’s actions unless he was somehow asking me to rectify the problem between him and XXX YYY ZZZZ by “handling it.”

7. By “handling it”, I for all intents and purposes meant to do bodily harm to XXX YYY ZZZZ, as physical force is the only power I have over another, to harm an inmate – being an inmate myself – I went so far as to describe “bashing his head into the wall”, as to getting a clear understanding to the degree of violence that officer Pano smiled at me and said, “You know how it goes, it’s just business.”

9. But I didn’t “know how it go.” I am not accustomed to officers soliciting my service to do harm to another inmate. Though I have experienced in the past, officers of CDCR attempting to incite violence between myself and a cell-mate out of retaliation for a cell-mate’s misbehavior. [Officers conducted a punitive cell search of my assigned living quarters, destroyed only my property and then informed me that it was because of my cell-mate that the nature of the cell search transpired as it did, hoping I’d take my anger out on him, See, KVSP-APPEAL-602-0-10-00887]

10. I am a political prisoner freedom fighter with many years of experience in dealing with crooked officers who abuse their power, invested into both badge and seal by the republic of California to cross up prisoners and have them framed for rule violations and criminal charges in the local courts. My particular history can be reviewed in the Superior Court of CA County of Kern, “People of California v. David Cauthen DF010469A.”

11. Officers at Kern Valley State Prison made me the target of a physical beat down, while in handcuffs, for my leadership role in a ten man protest on the rec yard. KVSP officials came together in an effort to frame me in disorder to cover up their attack on me. False statements were made in reports used to have me prosecuted by Kern Valley District Attorney Lisa Green, Officer of the Court, in a criminal complaint based on charges of ATTEMPTED MURDER OF A POLICE OFFICER. I spent nearly two years in California’s Security Housing Unit defending myself in court on bogus charges.

12. When it comes to the struggle being waged between California and its most advanced political prisoners, I may be considered an expert. Identifying the sneaky tactics of officers/pigs instigating problems amongst the prison population to justify their failure to correct & rehabilitate. I have made it a point to single-handedly lead the charge of political prisoners uniting and holding the state accountable for their actions.

13. I believe it is in a database held by the state that I am who I say I am and C.O.s may and often do access this data for their own personal information. Officer Pano had to have accessed this information to make himself familiar with me as a prisoner with capabilities of committing violence against another prisoner.

14. After standing in the center of the dayroom of the unit, pleading with Officer Pano that as it had begun to get extremely hot in the cells [The staff at CSATF TURNS THE HEAT ON IN THE SUMMER TIME] his decision to enter my living quarters and confiscate the cooling fan used to keep me cool, would be construed as inhumane & cruel treatment. He just smiled and walked away to retrieve the fan.

15. Pano returned the fan, but not without making a smug statement about how I needed to “get at my celly” and how he’d return to confiscate the fan if the particulars of a situation did not check out.

16. I returned to my assigned living quarters without any further dialogue with Pano. Upon my return I opened a dialogue with my cell-mate XXX YYY ZZZZ in relation to his actions having an effect upon my program, bringing about unnecessary altercation with the Babylon, and what could be done to rectify the situation.

17. I informed XXX YYY ZZZZ that the Babylonian officer had acted in a manner that would cause the two of us to be placed in a cross. It was intended for me to act rash in response to the level of disrespect suffered at the hands of both “Ant” and the Babylons, but as a righteous member of the Black Riders Liberation Party and leader of the United Struggle from Within Chapel Group Ra’star Far I, Prison Ministries I would not be puppeted by the pigs.

18. I informed “Ant” that there were two options. 1) The two of us could file a complaint and get paid from the Babylons’ willingness to break the law, or 2) we could fight, like the pigs wanted, for the disrespect suffered to my character and make our people look like fools. I explained to him how I aspired to be a member of the African People’s Socialist Party and could not in good conscience support the second option and preferred the first alternative. He too agreed and settled for the first option.

19. I immediately got to work drawing up the statement of facts for the entire incident. Once I had concluded my works I took my outcome to the young ndugu “Ant” to read over. To my surprise he lit up and seemed on fire to bring justice to the situation. We agreed that the facts I outlined were best and should be moved forward on.

20. But on the following day, 8 May 2017, things took a turn for the worst. I reported from my work assignment as a Main Kitchen Baker, making about $0.15 an hour :( Upon arrival to the living quarters I discovered that my cell-mate had rolled up, voluntarily removed himself from the yard and was in the process of being transferred to a more safe/comfortable living environment.

21. This young African stole close to $400 worth of property from me and the Babylons helped him pack it up and travel to the program office. The pigs actually inventoried my belongings as being inside of his property and tried to tell me that it was nothing they could do about it when I brought it to their attention. This alone confirmed to me that the Babylon had planted this lost ndugu amongst my ranks to distract my mission and disorder my campaign to unite the prisoner masses.

22. This ndugu was allowed to roll up with a variety of valuables, but what was of a tell-tale sign that the individual was a plant is that he: 1) Took the complaint that I had put together, 2) He stole letters from the latest supporters of my United Front for Peace in Prisons project “FREE KING DAVID” as a means to interfere with communications, and 3) He stole the goods of commerce to support the economical needs of an initiative to finance the subscriptions to: “The Burning Spear,” “The 5% Power Paper,” “The Final Call,” “The Bayview Newspaper,” and “Under Lock & Key.”

23. After establishing a partnership with the leader of “Peace Behind Bars” to develop a system of exchange inside prisons using photos of women, to remind men what they struggle to be released to, for postage I convinced this brother to begin printing photos for my project so that I can begin accumulating postage stamps, and in turn offer them to the comrades employed by the above publications in order to have the publications mailed in to the yard with hopes of raising the awareness level. I had a total of 50 wonderful photos prices at the least 8 postage stamps alone. Taking care of the bill of one subscription, dues to he who made it possible and postage for a new 50 photos to be mailed. But all was delayed by Babylon.

24. I have submitted the report as a complaint of C.O.s soliciting murder from me as of 22 May 2017. So I trust Babylon will bring its fire. All of this comes right after the announcement published in “Turning The Tide” of my works to move along the United Front for Peace in Prison and a complaint filed at the previous prison against “UNSAFE WORKING CONDITIONS” in support of the 2016 nationwide prison work stoppage. [See, CSATF Appeal-STAFF COMPLAINT-D-17-02787- ]

I write this statement to describe to brothers & sisters behind the wire inside Babylon of what staying strong under pressure looks like. When you sign up to join forces with groups like the Ida B. Wells Coalition Against Police Brutality, Anti-Racist Action/People Against Racist Terror, Black Riders Liberation Party, Uhuru Movement and the United Struggle from Within, Babylon is going to bring its death game. We must remain strong under fire and lean even greater on the teachings of the groups mentioned above, and those not, placing the people’s principles into practice.

No matter who you are, radiate the teachings and uphold good conduct. Feed other prisoners who wander the path of the freedom fighters and trust in the teachings, not the student. The Babylon will scratch and claw at what it fears threatens its existence as a system of power oppressing the people. All of the above mentioned groups are feared because they bring light to the minds of prisoners, who are essentially the most capable mass of people in the United $tates to free themselves from the strongholds of imperialism.

Educate yourself on the methods of government interference with United Front culture campaigns, that you will be prepared. Both state and federal government agencies will go out of their way (the District of Columbia) in order to intimidate the members. In the newsletter publication of Maoist Internationalist Ministry of Prisons, ULK No.56, there is a story published titled, “No TX pack tactics have worked,” by a Texas prisoner. This story really touched me because I know the struggle. It feels like it’s all a waste of time, but it’s not! I’ve learned that we won’t see the works of our labor filing charges against the Department, but it will be NOTICE.

At the moment the Campaign Demanding that our Grievances be addressed is in a phase where supporters of the campaign in states across the U.$. are familiarizing themselves with the art of serving NOTICE to the office that corruption is taking place. Once prisoners master the art of serving NOTICE, then they will learn to FILE CHARGES against the office with the right people/agency, forcing the Department to make a public statement officially ANSWERING to our charge :)

The comrades being released will then begin holding court with the agents/representatives in the streets. Until then, just keep documenting the corruption until you have a book to release. And you will see the movement that has been here all along. Keep it sharp, keep it tight.

MIM(Prisons) adds: Since receiving this report, the comrade has asked for supporters to call CSATF on eir behalf at (559) 992-7100. Ey is going to initiate a civil complaint. The appeals coordinators are not even processing the appeals, they’re just rubber stamping them. Callers should inquire:

1. Why wasn’t a report filed? A crime occurred.
2. Why was a complaint against a C.O. processed as a first level appeal when it was accepted on its charges of “An Officer Soliciting Murder”?
3. Why was appeal log #SATF-D-17-03418 against SATF Appeals Coordinators for failure to process appeals canceled by a Lt. N. SCAIFE – an officer who wrote themselves into the coordinators office?

As this example paints quite clearly, the campaign to have grievances heard in California prisons, which began over 7 years ago, is a campaign to get the CDCR to put a stop to life-threatening behavior by their staff. The lives of the oppressed nation lumpen are given little regard in this injustice system. Those in power manipulating their wards to fight and kill each other has long been a practice in California prisons to control those who the state sees as a threat. The notorious “gladiator fights” staged by staff in the Corcoran Security Housing Unit is just one blatant example of this. So while the right to have grievances heard may seem like a nicety of civil society, it is more than that. It is about the oppressed having recourse when their lives are threatened by their captors.

Our comrade has already been retaliated against with a transfer for filing a complaint on the above incident, filed by a grievance when the Appeals Coordinator refused to NOTICE the complaint. We expose this case to rally support on the inside and the outside for the campaign for a meaningful grievance process in California prisons, and in all the states across the country waging this same battle.