Under Lock & Key

Dear UL&K Editor & Staff,

When i originally wrote to you regarding my lawsuit on the digitalized mail, i had NOT yet been assigned a case no. i have one now:

• Prisoners are NOT allowed to correspond with Plaintiff. ALL other INDIVIDUALS may write to Plaintiff using the name, #, and Unit, with:

WARNING Any fellow Texas Prisoner who wants to seek to join this suit as a Defendant WILL be required by the Court to pay applicable fees and court costs – so, don’t put your foot in the pond if you aren’t prepared to swim.

Again – as the Plaintiff – i am extending an open invitation to any Attorneys, Investigators, Paralegals, Researchers, Legal Aid Groups, or Sponsors who would like to offer assistance with this litigation.

• ALL pleadings filed to date should be available for viewing/downloading on the Court’s public website.

With appreciation for ANY assistance extended into my hand – have a great day and Blessed be.

My fellow prisoners I am sending out this call for a massive assault upon our living conditions here in TDCJ; a massive RUIZ TYPE Lawsuit that should not only bring a change to our living conditions, but should bring about the release of thousands of us.

ORDER TO REDUCE PRISON POPULATION

On 4 August 2009, this three-judge court issued an Opinion and Order finding, by clear and convincing evidence, that crowding is the primacy cause of the constitutional inadequacies in the delivery of medical and mental health care to California prisoners and that no relief other than a “prison release order”, as that term is broadly defined by the PLRA, 18 USC 3626(g)(4), is capable of remedying these constitutional deficiencies – see COLEMAN v SCHWARZENEGGER, 2010. US.Dist.LEXIS 2711, BROWN v PLATA, 563 U.S. 493 and GRADDICK NEWMAN, 453 U.S. 923.

Each of these cases were started by prisoners in California and Alabama. We can, and must, do the same! We must do so because the conditions today are back to Pre-RUIZ. Thus, we need a massive lawsuit to bring change. Unfortunately, we must come up with a way to communicate. Since communication is often difficult to impossible I offer the following strategy: During the American slave trade, the top priority of each plantation was to ensure there wasn’t any communication between the slaves from one plantation to another. Shuttering the communication lines was, is and has always been the most effective way to control slaves/prisoners. Doing so is the dominant means of ensuring captives are not planning insurrections, escapes, revolutionary actions, and/or working together to get the very best class action suits filed in federal courts!

Ruiz was the lead plaintiff in the fantastically expensive and bitterly contested lawsuit that laid waste to the original and brutal Texas Department of Corrections (TDC, now known as TDCJ-Texas Dept. of Criminal Justice) control model. Had it not been for the benefit of the mail system the lawsuit probably would not have ever seen the light of day. During the time the lawsuit was being researched, rough drafted and crafted, the incarcerated were permitted to write each other and share notes, ideas and research of what the lawsuit should bring to the court’s attention. Needless to say, we cannot do that today. As a result, besides the recent “excessive heat” lawsuit filings by TDCJ prisoners and then taken over by the ACLU and other civil & human rights groups, there has been no sign of an effective federal suit against TDCJ since the original RUIZ in the 1970s and 1960s. The originality of the lawsuit had started with Ruiz, Fred Cruz and others of “eight hoe-squad.” It eventually fanned out to other writ-writers at several more of the 14 units/plantations in Texas. Every writ-writer in the State was either researching or actually writing up some filings to either send to Ruiz’s eight hoe-squad crew consideration.

From the disciplinary block of the Wynne Plantation, Ruiz’s document traveled first to Judge William Wayne Justice’s court house in Tyler. He sent eight illustrative complaints to the New York offices of the NAACP’s Legal Defense Fund to solicit representation for the indigent Plaintiffs. The rest is history. Unfortunately, we cannot write to one another, nor can we expect the fair treatment of a William Wayne Justice. We must come with overwhelming clear and convincing evidence for these ultra conservative judges. To make this point clear, I offer the following example, which is a case I personally litigated from here on the Coffield Unit. They put Armour on the Medical Chain, kept him away for about six months and played the chase-mail game with his mail. They handled us real ruff:

“Armour attached in his response a newspaper article, purportedly from a publication called the Texas Tribune, saying that TDCJ Director Bryan Collier testified in a court hearing that TDCJ failed to monitor temperatures on units where the agency houses inmates who are supposed to be protected by a settlement agreement covering the Pack Unit. Armour also attached four pages, 11, 12, 47 and 48, which are purportedly from a document called the Human Rights Report from the University of Texas. These documents recite from interviews with inmates about the heat, claim that TDCJ is aware of”inhumane conditions”, and sets out the conclusions and recommendations of the unnamed authors of the “report.” The Defendants have filed a motion asking that the article from the Texas Tribune and the excerpted pages from the Human Rights Report be stricken as hearsay. The Fifth Circuit has stated that newspaper articles are classic, inadmissible hearsay and cannot be used to defeat summary judgment.”

Please read ARMOUR v DAVIS, 2020 U.S.DIST-LEXIS 94986, and see that in addition to this the Judge claimed that 406-Affidavits of prisoners were not part of the record.

Thus, it is my hope that us jailhouse lawyers across the State of Texas will file lawsuits about our living conditions, and in the future we will attempt to get them consolidated and/or attempt to get the Justice Department to intervene. Also, I urge each of you to contact the National Lawyers Guild. They have four lawsuits that they are attempting to get Affidavits from all the units in TDCJ about the complaints they have filed: BAKER v COLLIER, 1:22-cv-01249, PANUS v O’DANIEL, 1:23-cv-00086, SIRUS v RELIGIOUS PRACTICE COMMITTEE, 1:22-cv-00191 and COX v COLLIER, TBA.

So, as the story unfolds, “mail-call” has lost the most important part of its strength when it comes to incarcerated individuals uniting as one band or group of people to fight the injustices of a system that holds them in perpetual bondage, whether that’s physically in prison or by means of supervised release to parole/probation. Let us not allow the lack of the ability to communicate to prevent us from carrying out the next multi-level federal case!

DARE TO STRUGGLE! DARE TO WIN!

MIM(Prisons) responds: We print this article for the information it contains, not necessarily to echo the call of this comrade. This comrade has a proven track record of legal campaigns. Those who operate strictly in the legal realm, whether jailhouse lawyers or organizations like the ACLU, can be comrades in united front with demands of the anti-imperialist movement.

What the comrade doesn’t address here is why we are back to conditions as bad as before the Ruiz case. The short answer is, there are no rights, only power struggles. We live in a system where the minority oppresses the majority. As long as that is true, the majority can never sit idly and have their needs met. They must struggle for them.

As this comrade is calling for a coordinated struggle, we agree. But it cannot be relegated to the courtrooms. That is why we did promote and support the Juneteenth Freedom Initiative in Texas prisons, which had a multi-pronged approach that was based in organizing the prison masses. The state seems to have won that round, but that is the type of strategy we need. Just as the International Criminal Court is not going to stop the genocide in Palestine, nor are peaceful protests in the United $tates, but they provide agitational support for the ongoing liberation struggle being fought on the ground by the masses. All of these forces are part of a united front effort, with different political approaches, supporting a common cause of ending genocide.

Within the New Afrikan Independence Movement (NAIM), when We think of Hinds County Mississippi, We often think of El-Malik, or many of Our movement elders building independence for Our people in the heart of dixie. On December 18th, NBC News published the identities of 215 buried bodies that had been secretly hidden behind the Hinds County Penal Colony in a ‘paupers’ graveyard. These 215 people were all buried there between 2016 and December 2023. In total 672 people were buried at this location. Although each of the 215 graves were marked by a metal pole with a number attached indicating unclaimed or unidentified remains, in truth each one of these 215 people were identified by the Hinds County officials and were only unclaimed because officials did not attempt to notify kin of the deceased.

The Wade Family

Of the hundreds of the affected families one of the most striking stories is that of the Wade family, whose matriarch Bettersten Wade was instrumental in bringing the existence of the secret graveyard, next to the jail, to public attention.

In 2019, Jackson pigs pulled over Bettersten’s brother, pulled em out of eir car and slammed em to the ground in such a way that it caused eir death. Eir sister, Bettersten Wade, became a recognizable figure in the local Jackson community as ey waged a relentless public battle to advocate for prosecution of the pigs who were responsible. One of the pigs was convicted of manslaughter and sentenced to a mere five years. Subsequently, Bettersten Wade filed a wrongful death suit against the Jackson Police Department, this lawsuit is ongoing and has been highly publicized in the local news.

On 5 March 2023, Bettersten Wade’s 37 year-old son, Dexter Wade, left home with a friend but never returned. Bettersten Wade filed a missing person’s report and continuously contacted Jackson and Hinds County officials for months but never got a reply. Then, five months after the fact, an investigator came to eir home to inform em of Dexter’s death.

The story coming from the pigs is that an hour after leaving home, Dexter was hit by a police vehicle driven by an off-duty pig. The illegitimate authorities claim they’ve been unable to reach Ms. Bettersten Wade for months, despite finding Dexter’s wallet with eir I.D. and Ms. Wade’s address, and with Ms. Wade being a known local figure due to eir struggle against police murder of eir brother. Nevertheless, Dexter’s body was buried behind the jail with the number 672 stuck to the pole. To make matters worse, once Ms. Wade found the burial plot ey was told ey would have to pay $250 to the county to have eir son’s remains retrieved, as eir body was considered property of the state of Mississippi!

Ms. Wade and eir lawyer requested to be present when the body was examined, and ey was denied even that dignity and eir humyn courtesy. Dexter’s remains were not embalmed, nor put in a casket, but were stuck in a bag causing rapid decomposing in a shallow grave. When Ms. Wade and eir lawyer arrived the remains of Dexter had already been dug up, “breaking the chains of custody” necessary to determine Dexter’s actual cause of death.

From the results of a later independent autopsy, Dexter Wade’s body was in an advance state of decomposition, showed multiple blunt force injuries to the skull, ribs, and pelvis; in addition eir left leg was completely amputated from eir body. Eir body had been completely ran over by a police vehicle. By secretly burying the body without notifying the family, it makes it unlikely that the official findings of “accidental death” could later be questioned. Number 672 was never meant to be uncovered. But ey was. And the hidden horrors connected to Dexter’s death and burial would subsequently lead to many more families coming forward, finding missing loved ones secretly buried in Pauper’s graveyard behind the prison.

The striking similarities between the Emmett Till murder and attempted cover-up among county and state officials, and this contemporary tragedy highlight the ever present need for programs for decolonization in Jackson and the National Territory more generally. Each tragedy and struggle the people experience in which the inadequacy and/or corruption of the U.$. colonial government can be implicated is an issue We can organize around to intensify the class struggle for national unity.

Intensify the class struggle for national unity

Our lives depend on it!

Re-Build to win!

“What makes you think you DESERVE to celebrate Black History Month”- SIS Officer at USP Tucson

These were the words that were spoken to me a few years ago, here at United States Penitentiary - Tucson, shortly before I was illegally put in the SHU (Special Housing Unit) for 40 days.

Before this incident, i was the Secretary of the Black History Month Committee here for three consecutive years, and had more experience in the committee than anyone else over the last five years. But on this particular year, as I reflect back on this, the Education Department did absolutely nothing for us in preparing for Black History Month. We were promised the resources, but as we worked from November of the previous year to February of that next year, we found that when it was time to promote Black History Month, there was nothing set aside for us to carry out any of the activities promised.

We had nothing.

I am writing this now, in February 2024, and I am again at the realization that USP Tucson, from the Warden on down, refuses to allow us to celebrate our history. Not one memo, not one event, nothing is scheduled to celebrate our history, and I can’t help but reflect back to that day where a Caucasian SIS officer (Special Investigative Services) had the audacity to tell me, to my face, “What makes you think you DESERVE to celebrate Black History Month”?

What we are seeing is a stripping not only of Black History, but of identity as well. Prisons are mandated to help rehabilitate people, and one way to do that is to reinforce their identity. There is a certain level of pride that each individual gets when he or she knows that they are part of a greater group of people. I speak as an African American, but this also applies to every other nationality, from Native Americans to Mexican Americans to even Caucasians. When prisons strip us of an identity, it makes them similar to how slaves were treated in our American history.

The slaves brought to America came with nothing, and were systematically stripped of everything they once were, and degraded to a level of inhumanity that surely is an abomination to God. Has much changed in 2024, when prisons continue to practice slave tactics?

In that year we didn’t have Black History Month, I was upset at this, and began to do what I always do… write. I wrote essays about how staff deliberately sabotaged Black History Month, and intended to mail them to the outside world.

But a Caucasian staff member in Education read my works, and refused to allow me to have them back, after I had printed them. She called them “inappropriate.” I questioned her as to why I cannot have my works, which actually I have a right to have.

Her first answer was, “Well, I was with (the staff member), and you don’t know what you’re talking about”-

Wait! I am the SECRETARY of the Black History Month Committee!! I keep ALL the notes! How is this Caucasian woman going to tell me that I don’t know what I’m talking about?? At this point, I was already getting angry at how I am being challenged of my First Amendment right about MY history.

Her second excuse was that I can’t have it back because I made multiple copies. This too, was bogus, because even though the general body of the letter was the same, it was very clear at the top of each copy who I was sending it to. Her argument was based on that you could not make exact, identical copies at the same time – I had every right to make three copies if they are going to three different entities.

Her third argument was, “If you want to write a grievance, you can get a BP”. This also was a lie, and what she now was doing was curbing my right to the First Amendment, shifting me to use a VERY flawed grievance procedure. What she was doing was quite illegal.

So, upset, I went back and wrote a new essay, “Is (staff member) Breaking The Law?”. I used Federal Bureau of Prisons policies, legal cases and other resources to prove, without a doubt, that this Caucasian officer was intentionally blocking me from sending these letters out.

When she read my essay, she called for backup, and the SIS officer came, took me out to the hallway and threatened to put me in the SHU (Special Housing Unit). He said, “I know how to play this game”, and then, as I tried to make my case, he said the quote I started this essay with.

My answer to this Caucasian man… “I don’t think a white man can tell a Black man, who has been the Secretary of the Black History Month Committee the last three years anything about his history”.

To this man, and to many Caucasian officers here at USP Tucson, we don’t “deserve” to celebrate our history; we don’t “deserve” to have an identity. Yet, they are quick to take vacation on Dr. Martin Luther King Jr’s Birthday.

The last several years here at USP Tucson, the Warden has blocked attempts for us to celebrate our history. Even now, as we came off a malicious and retaliatory 36-day lockdown, after refusing to give us stamps to mail our loved ones, after filthy showers, after feeding us spoiled peanut butter, after limiting our phone calls to a single five minute call a day, after at least three deaths due to medical neglect, and as many homicides – staff here at USP Tucson will not relent in their treatment of human beings in this prison.

It’s not just Black History they are stripping from us . . . it’s humanity they are stripping from everyone. When prisons refuse to acknowledge the captives as human beings, when they ignore the simple basics of human kindness, when they condone illegal acts done by staff, and do nothing about it, they have transported the entire environment backwards two hundred years.

It’s funny, that incident with the Caucasian officer in Education and the SIS officer happened, as I write this, about 5 years ago… those officers still work here. They were never punished in any shape or form for their prejudiced views. I however, was put in the SHU for 40 days, then found guilty of a bogus charge. It took me at least six months to appeal to eventually have that charge expunged, based off simple information that, if the Caucasian Disciplinary Officer had read, she would have thrown the charge out. But after my appeal to her during my hearing, she said to me:

“I just don’t believe she would lie to me”.

So, because I’m Black, and a prisoner, I lose the argument simply because my opponent is a Caucasian female that is a staff member. My level of equality as a human being is stripped, because my status as an prisoner is inferior.

We won’t celebrate Black History Month here at USP Tucson, because staff apparently don’t believe we “deserve” it. So, I’ll celebrate it for everyone here, and refuse to let this prison strip me of my humanity. That makes them less of a human than me.

MIM(Prisons) responds:Understanding history is about understanding where we came from and where we are going. This is the real power of history that the oppressor has tried to keep from the oppressed for hundreds of years. The system is happy to promote an identity for prisoners – one of people who are not deserving, of people with less rights, of people who are less intelligent. There are many identities we can take on, positive and negative. We do not promote a “white identity” because that is the identity of an oppressor. As communists we identify with the Third World proletariat – that is the revolutionary class of people under imperialism that offers solutions and a path from oppression.

In my opinion, ULK 84 was the best issue I have ever seen in my years of getting the newsletter. In response to “On Tennessee Bans Slavery - So What?”: While I agree voting has poor success it is a start on the process and can help create awareness among the sheeple.

Corruptaradans(as we call the sheeple of this corrupt state) changed the Colorado constitution to ban all slavery. But the Dept of Corruption ignored the will of the people (I am shocked!) and said it did not apply to prisoner slaves.

However, two law firms joined forces and filed an action in Denver Dist Court to demand minimum wage for prisoners’ work (case no: 2022CV30421). The firms are:

Around the country more than 65 groups have joined the fight to take prisoner slavery is just peachy out of the U.$. Constitution. For a list of these, contact:

I would like to share a story with you about a recent experience I had here at Iron County Jail in Utah. I was recently moved, very much against my will, from the housing unit where I have spent most of my time at in Iron County Jail. In that unit, I had a good routine going and good friends who were a positive influence on me. Well the pigs, unable to stand the sight of a happy prisoner, took a wrecking ball to it.

This caused me to have a severe anxiety attack, which then caused me to make statements that got me put on suicide watch. As bad as this place is in general, the suicide watch protocols are absolutely draconian. On suicide watch we are given only a “turtle suit” to wear, are fed special sack meals that fall well short of nutrition and calorie requirements and are left to sleep on the cement floor in a cell almost as cold as a walk-in refrigerator. While I was down there, there was a girl who was brought up on warrants who was so distraught that she was also put on suicide watch. While she was in her cell bawling her eyes out, one of the pigs, a fat punk named Smith, walked up to her window, stood there for about 15 seconds staring at her, then walked away with a smug smirk on his fat face. How can someone enjoy that?

These pigs are truly evil, twisted, sadistic, sick fucks! They belong in here, not us! After she had calmed down some, I explained to her briefly the steps she must go through to file a lawsuit. Boy did that piss the pigs off! :) The next day the mental health therapist came to interview the people on suicide watch to determine if they could be cleared or not. The therapist was permitted to see the girl and another guy who had gone on the watch later. But when he asked about me, the medical pig Mitchell told him, “we’re letting him chill for a while,” and sent the therapist away.

I then told Sgt. McNeil that I was being denied access to mental health care and they were illegally using the suicide watch as a disciplinary tool and that I wanted a grievance form. Sgt. McNeil immediately began lying, saying that the therapist didn’t have time to see me! Horse feathers! The therapist asked to see me! This was not the first time McNeil has lied to me. One time he tried to tell me I’m not entitled to legal calls, another time he tried to tell me there is “tons of case law” that says he can open and read my privileged legal mail! This happened on Friday and the therapist didn’t return to see me until Tuesday. I spent a total of six days on suicide watch when I should have spent less than two.

Six days in the turtle suit in a freezing cold cell with no bed, no hygiene supplies, no shower, and very little food, all because the pigs want to retaliate against me because I stick up for myself and encourage others to do the same. Best believe when I got back to my cell, I filed that grievance with a quickness! I haven’t gotten a response yet, but what I did get was two retaliatory disciplinary write ups! One for “manipulation of housing and threats of self mutilation” for simply saying that I was feeling suicidal during an anxiety attack and another for “refusing or failing to follow a direct order and unauthorized communication with inmates outside your housing unit” because I asked prisoners in booking to tell my wife I love her and telling that girl how to sue these pigs.

I will write you again to let you know how the grievance pans out. These two frivolous and blatantly retaliatory write ups will likely land me on punitive isolation for 30-60 days each, so I’ll have plenty of time to pursue it. Please keep Under Lock & Key coming and I will continue to share it with anyone who is interested. Thank you for all that you do for us!

[This story came to us on 5 postcards because prisoners at Iron County Jail cannot send or receive any envelopes other than privileged legal mail. Letters that don’t qualify as legal mail must be written on plain postcards like this comrade sent us.]

I have been doing time in Alaska off and on since 2004. I’ve seen all the dirty tricks the crooked C.O.’s use to violate our constitutional rights. I’ve seen one generation of crooked cops hand down their dirty tricks to the next. I see them violate our rights to the point prisoners don’t know their rights are being violated. As Hitler said, “if you tell a big enough lie often enough people will believe it…” It’s time we stand up and take our rights back. The two biggest Due Process violations are the failure to have witnesses physically present at the disciplinary hearing and the failure to permit requested evidence in the accused favor.

It is the law in the 9th circuit that witnesses must appear at a prisoners disciplinary hearing, (Bartholomew v. Watson, 665 F.2d 915, 917-18 (9^th Cir. 1982)). And that they may not use interviews to substitute for live witnesses (Mitchell v. Dupnik, 75 F.3d 517, 525-26 (9^th Cir. 1996). The blanket denial of live witnesses is impermissible, exclusions must be justified individually (Serrano v. Francis, 345 F.3d 1071, 1079-80 (9^th Cir. 2003)).

However, in the past 20 years the Alaska Department of Corrections (AKDOC) has denied all live/physically present witnesses other than the crooked cops themselves! In the face of clearly established Constitutional law the crooked cops only permit written interviews of our witnesses. The answer we get most often is, “that’s just not how we do things.” When or if we appeal, our appeal on this point is denied without reason.

Instead of throwing our hands up in hopeless despair, I encourage you to file your administrative appeal with the court after you exhaust your appeals with the AKDOC. There was an attorney who retired about 7 years ago, Jon Buckholtt, who would do administrative appeals for prisoners, about 100 per year. Cases have been reversed and then expunged on this point alone.

I also would encourage you to contact your local ACLU and/or file a §1983 civil rights claim. Take back your rights!

This year Tennessee banned all forms of slavery in the state. Now I’m trying to find out how to fight to get fair wages for work. If you can send info on how to fight that, that would be great.

A Florida Prisoner writes: Do you guys know the steps California prisoners took to gain their liberation from being treated as slaves under the 13th Amendment of the Constitution? I need to know the steps they took because I would like to initiate these same steps in the Florida prison system to see if we can also gain our liberation under the 13th.

A Texas Prisoner writes: This is a plea for us to come together in a prolonged effort to get the Texas Legislature to end slavery in Texas by removing the exception clause from the Texas Constitution. This is what we’re asking each and every one of you to do: From now until the Texas Legislature convenes, write to your state Representatives and Senators and ask them to convene a special session or whatever it takes to remove this clause. You should also write to Sunset Advisory Commission PO Box 13066 Austin, TX 78711.

Wiawimawo of MIM(Prisons) responds: In the November 2022 elections the vast majority of Tennessee voters voted to amend their state constitution to read:

“Slavery and involuntary servitude are forever prohibited. Nothing in this section shall prohibit an inmate from working when the inmate has been duly convicted of a crime.”

We print the first two comrades’ questions for others to answer. We’ve been asking for years what the point of these campaigns to amend the Constitution is? How does this get us closer to liberation, not to mention just benefiting prisoners in the short-term? An attempt to search for increases in prisoner wages in Tennessee just brings up articles on massive increases in C.O. pay (prior to the above amendment).

As for California, the Constitution still says slavery is okay for the convicted felon. So there’s been no “liberation” in that regard. California prisoners are required to work or engage in other programs deemed rehabilitative by the state. While California legislators have cited cost concerns for not supporting amending the Constitution, it is not clear that states that have changed their constitutions in this regard have had financial impacts (especially by requirements to pay prisoners higher wages).

If our readers have information to the contrary or examples of these campaigns leading to anything, please write up an article for ULK. But we know from a historical materialist understanding that slavery has only been ended through class struggle, not by voting or writing your Senator.

On 20 October 2023 I filed a complaint challenging the constitutionality of the Texas Prison Administration’s contracting with a private sector, for-profit company in Dallas, Texas to digitalize all TDCJ-CID prisoner’s incoming personal/general correspondence and photographs for posting to the SecurusTech tablets issued to us in May 2023. I paid the full filing fee as well as the administrative and service fees.

I submit this information and the following to ULK for the following reasons:

1. To seek unity across state and federal prison systems currently under digitalized mail policies.

2. To provide fellow prisoners in all prison facilities with details on my challenge to digitalized mail so that we can coordinate a nationwide attack, and perhaps get an inter-state class action lawsuit that will be moved to the u.$. Supreme Court.

3. To hopefully secure a Pro Bono assistance of attorney to ensure all the bases are covered.

While I was able to cover the initial $500 cost to file the complaint by sacrificing renewal of several magazine subscriptions and commissary “luxuries”, I do not have the financial ability to hire counsel or investigative resources, nor any further admin fees so I am going to need help.

The complaint’s Constitutional challenge relies on numerous First and Fourteenth Amendment issues of freedom of speech and due process, to wit:

1. Exaggerated Response:

TDCJ-CID administration claims the ban on physical mail is to stop the drugs/contraband that come through USPS mail. However, physical mail may account for less than 1% of incoming drug contraband, and such drug-laced articles of mail can be easily detected, isolated, and removed using the K-9 drug detection units that are maintained on every TDCJ-CID unit. Everyone, including the prison administration, knows that almost 100% of the drugs and contraband that enters prison facilities gets in through one of only three ways:

A. Corrupt admin/security employees.

B. Outside trustees picking up “drop” packets outside the security fence and bringing or passing them to inside trustees.

C. Private sector deliveries to the prison (kitchen and office supplies, or vendors for guards’ food orders and commissary supplies) having “special” cartons containing hidden contraband.

Yet, the prison administration takes almost no measures to check these primary sources for drugs/contraband.

2. “Chilling” and/or blocking legitimate freedom of speech and expression:

As a published op-ed columnist and essayist whose work has appeared in two syndicated newspapers, and on several internet sites that are operated by 501.3-c organizations, my readers range from Junior High students to nursing home residents, Democrats, Republicans, members of every other political party, housewives, secretaries, police officers and bartenders.

Often my readers want to write me but the venues I am published in rarely publish contact info, so readers google me to find out I am confined at a certain prison facility then google the facility to determine its address then send their letters to me there.

Prior to the digital mail policy, I received their letters (about 8-12 per week). After the policy, I have received NONE. The unit mailroom return to sender all “personal/general” mail that comes for a prisoner without explanation. Hence, this blocks my readers’ letters to me and “chills” their desire to communicate (they probably think I refused their letters). Students and the elderly who write me often don’t know to go to the prison website to check correspondence rules.

3. Denial of due process prior to restriction of mail:

I am a Naturist. I don’t use drugs, nor have I ever had anything to do with drugs. I have never been accused of, charged with, nor found guilty on any drug-related behavior in any administrative or criminal hearing, and have never been accused of or found guilty of smuggling/attempting to smuggle or posses “contraband.” That is, yet.

Without any form of due process I have been denied my lawful privilege and right to receive property sent to me (i.e. the physical letters and photos).

Physical letters and photographs have a sentimental “keepsake” value beyond any monetary valuation.

The u.$. Supreme and lower courts have held uniformly that copies/digital images of a document/photograph are not the same as the original. Ergo, sending me or any prisoner digital copies of their letters and photos (or even copies) is not giving them the property their letters/photos constitute.

The u.$. Constitution requires a due process seizure hearing before government can seize a citizen’s persynal property, whether that property is land, a vehicle, or an article of mail having value to the citizen.

Note: If the government, at such a hearing, can produce legitimate evidence that I have attempted to smuggle contraband/drugs through the USPS mail into the prison, then and only then would it be legally justified in enforcing a “digital mail only” rule upon me.

4. The digital mail “blanket” policy is overly broad:

The number of prisoners who attempt to smuggle drugs/contraband through the USPS mail is minuscule. 99% of prisoners would never even consider such a foolish act. Even prisoners who use and traffic drugs and other contraband generally don’t use the mail because (a) the volume of drugs that can fit in a letter doesn’t justify the risk and (b) it’s much easier to get large amounts of drugs brought in by one of the other venues.

All the digital mail policy does is punish hundreds of thousands of prisoners who don’t smuggle drugs or contraband in the first place. It’s analogous with fining the entire town’s citizens for excessive noise because there’s one “pothead rocker” playing eir stereo too loud.

Most prisoners use the USPS mail in a legal, rule abiding manner and never try to smuggle through the mail. First and Fourteenth Amendment rights are fundamental, and mail digitalizing policies abrogate those rights in an overly broad and exaggerated response to a security issue that would be more easily (and economically) dealt with in a less intrusive manner.

These four points (and their consequential points) are the primary basis of my complaint.

Do prison authorities have a legal right to impose and enforce mail digitalizing for security reasons? Yes. But only in a reasonable manner necessary to address the specific security problem without punishing prisoners who are not a party to the problem. Officials can not punish innocent prisoners nor strip them of constitutional rights merely because a tiny fraction of the prison population is causing a problem.

So if anyone wants to get on board to help get this issue litigated properly, get in touch with me ASAP. Today is 18 November 2023, don’t delay.

A comrade at Bridgeport Unit reports: I would like to inform you of a change in the Law Library Holding list as of November 2023 the Law Library has taken the PD-22 Rules of Conduct out of the Law Library. It seems as if any ammunition we can use to fight with they want to destroy it somehow. The other problem is this digital mail is taking forever to get to one’s tablet. I have received numerous letters that are 2.5 to 3 months old. This has become a problem for many. I did receive newsletter #83 in the month of November 2023.

MIM(Prisons) adds: We have reported on the history of censorship of TDCJ’s own documents in previous issues. While we had encouraged comrades inside to challenge this legally, one comrade has informed us that ey believes this to be a faulty strategy. We are not lawyers, so we provide these ideas for consideration:

TDCJ has the discretion to withhold, or delay, any administrative documents they may or may not deem to be challengeable in public information act. There is a logical reason behind certain “administrative documents” not to be made available for Texas residents (i.e. friends and families, including incarcerated prisoners off of general population). I’m sure by now that these certain “administrative documents” are not censored. For items or certain materials that are being withheld – whether it be a policy, procedure, regulation, or rule – it is a fact that a governmental department is not obligated to disclose public information. Governmental departments are obligated to disclose public information at the requestor for inspection and review. See Tex. Gov’t Code, Sec. 552.221 through Sec. 552.235. They are not censoring. They are REMOVING it. Trickery word.

Filing lawsuits in federal court pertaining to the items or materials being complained under the claim of censorship is supporting and encouraging those administrative suits in being DISMISSED (or dismissed with prejudice). Giving away $350-$400 for free without meaningful merit to be heard or read…

Please refer incarcerated people in Texas to search out an author by the name of Raymond E. Lumsden on numerous books: The Pro Se Section 1983 Manual; The Habeas Corpus Manual; Ask, Believe, Receive; The Pro Se Guide to Legal Research & Writing, etc. These books are available from Amazon, Barnes and Noble and FreebirdPublishers.com.

A comrade in Allred Unit reported: Just today I received your mail confirmation letter via my tablet. The letter is dated 14 September 2023, so it is taking over 2 months to get our mail and we cannot print it out. TDCJ rules on Digital Mail say that if a document requires an inmate’s signature it is supposed to be sent to the unit’s Law Library. I doubt that they will give it to us if it is not legal work though. They would not allow applications from transition houses in until recently “Forgiven Felons” got permission to send theirs in.

MIM(Prisons) adds: The digital mail is making it harder for us to even track censorship by not allowing prisoners to fill out and return forms, not to mention blocking opportunities for support upon release!, or receive notices from the institution as described below.

A comrade at Ferguson Unit reported: When you sent the ULK 82 & 83 bulk mailings they initially denied them entry, without giving me notice. They don’t even send such institutional forms like that via regular mail, it went electronic and i don’t have a tablet since September so i didn’t even know until early December when i finally got them to budge and print out the electronic mail. This mail shit is absolutely showcasing the inadequacy of these state actors and the exploitative corporations (Securus/JPay).

Warriors in White, a non-profit org supporting restorative justice wrote: Our newsletter was blanket-banned across the entire TDCJ system due to a change in mail policy, which required all mail to be sent to a central mail processing facility. This new policy was approved on 23 June 2023 but not updated in unit law libraries until 4 August 2023. No reason has been provided. At the end of October 2023, we received clearance and approval to again distribute the newsletter. But again, no reason for denial, and no notification for denials and newsletters returned has ever been provided.

Secondly, all TDCJ residents now rely on Securus tablets to receive mail. As of the end of October 2023, most are still receiving mail postmarked throughout August into the first week of September 2023. TDCJ policy clearly states all mail is to be processed within 72 hours (3 days), through the mail processing facility.

According to the TDCJ Mail System Coordinator, there is a staff shortage at the facility. Additionally, MSC has claimed they were unprepared for the amount of mail received at the new facility. This is quite hard to believe, when the TDCJ, in decades past, has logged every single piece of mail through its system both on computer and in paper log books.

According to the TDCJ Ombudsman, all mail is being processed within the 3 day limit and there are no staff shortages at the mail processing facility. According to Securus, they are unaware of any mail processing problems, and that “all mail is processed within 5 days unless it includes photos or pictures, in which case it may take a little longer.”

Further, the TDCJ is clamping down on peer-to-peer legal assistance. If you have a Securus tablet which receives programming from the Freedom Radio Legal Show on 106.5 The Tank, that info has been banned from the tablet due to overwhelming listener response. While gratefully received, TDCJ will no longer accept requests, etc. addressed to the legal show, one of a long list of new restrictions. So if you sent a newsletter request to Freedom Radio for a Warriors In White newsletter subscription, the Polunsky Unit mailroom has been destroying all requests since the beginning of June 2023 to the present. If you know someone who applied for the newsletter please resend your request to WIW-DOM PO Box 301, Huntsville, TX 77342. Please do not send legal questions to the PO Box as we are not ready for those yet.