The Voice of the Anti-Imperialist Movement from

Under Lock & Key

Got legal skills? Help out with writing letters to appeal censorship of MIM Distributors by prison staff. help out
[Organizing] [Education] [Sussex I State Prison] [Virginia] [ULK Issue 53]
expand

Virginia Study Group Organizing for Education and Action

Greetings Comrades! We, the study group here at Sussex I State Prison – Virginia, submits our Ten Point Agenda, after organizing around the United Front for Peace in Prisons Statement of Principles.

After weeks of meeting, discussing our needs to organize (orderly and peacefully), agreeing on statement of principles, and the ideas/ideals presented by MIM(Prisons), we’ve gained verbal organizational agreements, to work to rid ourselves of violence, destructive behaviors, engage in revolutionary ideas/ideals and work for greater good: Peace, Unity, Growth, Internationalism, and Independence.

We’ve deputized coordinators, in duties not names, of: Finance/Business, Education, Arts & Culture, collecting donations, and using ULK and like materials to be teaching/educational tools (we will need more).

We’ve identified areas we can work on, and need improvements. Collectively, we will move to address these concerns. Our first step: educate the captives of our disadvantages, empower them with measures we can use to confront these disadvantages (including holding each of us accountable), complete, collect and mail in request forms, complaint forms, if need be file legal litigations. If no resolve, use our greater willpower – fasts, spend no money campaign, etc.

We have an educational coordinator, who will guide the movement as it relates to the Ten Point Agenda – reporting every two weeks of progress, need action, etc. (We will give the oppressor fifteen days to answer our concerns, if no response, we move to Step II.)

This Ten Point Agenda is not an end-all plan, but it does allow us to establish a line of politics, keep and maintain the line, and enables us to confront social controls and oppression.

As we work the plan, we plan to contact outside organizations (including MIM) to aid in our plight to get forms of social and systematic justice. (We have experienced individuals, including myself, willing and ready to teach on filing 42 USC 1983 civil suits.)

You have inspired us to mobilize, organize, mobilize and organize! After 8 weeks and numerous pod meetings we have arrived. We will continue to keep you abreast on our progress, needed materials. We will continue to donate, send artwork, and articles to aid your work.

chain
[Education] [Political Repression] [ULK Issue 54]
expand

The Adaption of Capitalistic Controls

“The educational and professional training systems are very elaborate filters.”

This statement comes from Understanding Power: The Indispensable Chomsky, by Noam Chomsky. In chapter four he discusses safeguards and controls put in place by and to protect the capitalist system. His analysis is apt. In the United States those who control information are those who hold the power. Which is why the government is the largest collector and disseminator of information. More importantly it is the most effective filtration system.

This is accomplished through 1) popular control and 2) the media. Effective popular control isolates citizens and dissidents. When someone is isolated it is easy to control their reality and/or manipulate their actions. On the other hand there’s the media. The media does much more than provide an outlet for the dissemination of information. It is the main tool, outside of formal schooling, for indoctrinating non-proletariat citizenry. It also validates petty-bourgeois society by marginalizing dissidents and the proletariat. This particular control (a process of measures and procedures to prevent substantive changes and to preserve a system), I’ve termed the subjection-manipulation cycle. Information control, isolation, indoctrination and marginalization are continued in perpetuity. The purpose of this control is to create a sheepish or gullible populace.

It is effective because the un-indoctrinated are deprived of a voice, a vote, an opinion. Even maybe shunned completely. They are isolated and made seemingly impotent. The subjection-manipulation cycle has been adapted by the U.$. prison system. At present, it provides a reliable method for repressing “subversive”, “disruptive”, or “threatening” activities, attitudes, or behaviors. Prison has a wide array of people. Some who become indoctrinated, and others who refuse to relinquish their freedom to determine their actions. The first I’ve termed subjugated, the second self-determinants. Self-determinants find themselves targets of the subjection-manipulation cycle.

Self-determinants are generally punished and repressed, while the subjugated are rewarded. In public life, dissidents are parallel to self-determinants in prisons. By isolating and repressing self-determinants, prison authorities filter and provide examples of “unacceptable” behavior. Self-determinants are segregated, privileges stripped and their associates harassed. This ends with them being socially stigmatized. The parallel in public life is almost identical. Isolation, repression and harassment in the hopes of inducing impotency. The subjection-manipulation cycle is not only a system of reprisals and rewards. It contains the essential element of information dissemination.

Authorities screen, examine, and filter all information available to captives. This way they can promote desired modes of thought and behavior. Why else have banned/prohibited publication lists? Or overly complicated grievance procedures? Or such general lack of access? A lack of information is equivalent to a lack of education. This stymies only pro-proletarian, revolucionario, anti-capitalist, or anti-imperialist movement. Education leads to organization. As long as prisons can reinforce this control, the results will mirror those found in history. It presents a massive obstacle, but not insurmountable. The solution begins with knowledge, followed by discipline, and unity.

First, to gain knowledge one must become educated. Not through the system, but an actual education. Becoming well versed in the rules that govern prison officials, procedures, operations and policies. Making an intensive research into the history of capitalism, its motives, goals and methods. In short, you must learn the enemy: imperialists and exploitative capitalists. Just as important, you must learn and know yourself: strengths, weaknesses, abilities and potential. This is called “self-knowledge.” The enemy has full self-knowledge. To be anything more than a minor annoyance to the authorities you must also attain full self-knowledge. Education is the first step to supplanting capitalism and its controls.


MIM(Prisons) responds: This writer does a good job explaining the importance of education to developing appropriate strategies in our struggle. This education must counter the indoctrination we have all experienced from birth under capitalism. Write to MIM(Prisons) to get involved in our introductory study group, or to get some educational material and tips for your study groups locally.

chain
[Organizing] [Buckingham Correctional Center] [Sussex II State Prison] [Virginia] [ULK Issue 52]
expand

Transferred for Suspicion of Organizing a Work Stoppage and BPP-Prison Chapter

After an unfortunate series of group fights between prisoners from rival lumpen organizations during the month of Black August, and a subsequent lockdown at the Buckingham Correctional Center on August 25, two Institutional Gang Investigators (IGIs) descended upon my cell and subjected me to an intense 30-minute interrogation concerning confidential information they received that I was allegedly the mastermind behind a planned September 9 workstrike and was attempting to organize a Black Panther Party - Prison Chapter. They even accused me of being a member of a street gang based on a letter I wrote nearly seven years ago.

When the investigators realized that the interrogation was bearing no fruit and that I was immune to their intimidation tactics, I was subjected to further interrogation the following day by L. Leatherwood, the Chief Investigator for the VA DOC, and a urine test because of a strong “suspicion” that I was using drugs. I was not at all surprised when the urine test came back negative because I have been clean for a decade and am a staunch advocate against illicit drug use, especially among youth.

The interrogation of a select few other so-called “problem” inmates continued throughout the weekend, and whatever “evidence” or information the investigators gained or manufactured, led to my being transfered to Sussex 2 State Prison, which is an oppressive, super-max type prison where we are locked down in our cells for most of the day. Controlled movement and the degradation of those of us confined here is the order of the day. Unlike Buckingham, which is a hotbed of political activity, there is virtually no organizing here. No study groups, no agitation, no resistance. Most have never heard of the September 9 protests. The old axiom “oppression breeds resistance” has not taken hold of the prisoners’ minds here.

Though I was shipped off to this camp for political reasons, repression and retaliation is often a sign that our agitation is truly effective. I am not in a position to report on the degree to which prisoners at Buckingham participated in the September 9 protests, but here at Sussex 2 State Prison there was zero participation. But we must continue to fight and struggle knowing that one day, when the conditions are right, the flicker will turn into a flame. All power to the people and Panther power to the Black Riders Liberation Party!

chain
[Organizing] [Kinross Correctional Facility] [Michigan] [ULK Issue 52]
expand

Observing Sept 9 in Michigan

On the September 9 Day of Peace and Solidarity, I had a fast and did a lot of political study about the roots of the New Afrikan Independence Movement by Comrade Chokwe Lumumba, Chair of the New Afrikan People’s Organization who passed from this earthly life in May 2014. I also have been studying Under Lock & Key, Fundamental Political Line of MIM(Prisons), and going over the September 9 Day of Peace and Solidarity study pack to keep me conscious of the ongoing war against imperialism and capitalism and the struggle that I’m going through with the prison system.

Ever since 9am we have been on a lockdown. The comrades in Level II in Kinross have done a protest because of the living conditions, the food, and no fans and heat, and this actually started on September 9. Prisoners walked out of their job assignments, so the unsecured Level I prisoners who work in the kitchen served the Level II prisoners brown bag meals. They have Level I and II prisoners on lockdown, but they let us go to the dayrooms, but we can’t use the telephones or J-Pay machines. It’s truly a surprise to me that they are starting to stand up and fight for their rights instead of fighting against each other.

We need collective solidarity and unity against the injustice of Michigan DOC corruption, because this prison system is corrupted to its very core. This is why we must educate ourselves and get with prisoners’ organization in this struggle. We all know and understand that this prison system must be dismantled and abolished!

chain
[Spanish] [Censorship] [Hamilton Correctional Institution] [Florida] [ULK Issue 52]
expand

El instituto correccional Hamilton rechaza todo el correo de MIM(Prisiones)

Un mes atrás enviamos una tanda de correo a los participantes del grupo de estudio introductorio en el MIM(Prisiones). Era la primera tanda de correo de la nueva sesión e incluía una tarea de lectura y algunas preguntas.

Recibimos muchos rechazos sobre este correo de las prisiones de Florida, en particular desde el Instituto Correccional Hamilton, en donde a todos los nuevos participantes se les devolvió su correo con un recibo de retorno por correo no autorizado que cita razones que incluyen: “amenaza a los objetivos de seguridad, orden o rehabilitación, o a la seguridad de las personas. Representa, describe o alienta actividades que pueden llevar al uso de la violencia física o desorganización grupal. Alienta a que se lleven a cabo actos delictivos.” De hecho, a una de estas personas también se le envió un formulario de correo sin confirmar que enumeraba las cartas que nosotros les habíamos enviado hace poco, y esta carta también fue enviada, ¡citando las mismas razones! Está claro que la sala de correo en el Instituto Correccional Hamilton ni siquiera se preocupa por leer las cartas de MIM(Prisiones) antes de devolvérnoslas.

Como respuesta a esta censura, a estas personas les enviamos una copia de nuestra guía de seis páginas para luchar contra la censura. Este documento contiene consejos legales y administrativos para apelar a la injusta negación de correo. Inmediatamente, se nos devolvió 17 sobres (anticipamos que lo que sobra será devuelto pronto), junto con otro recibo de retorno por correo no autorizado por parte del personal de la sala de correo, que indicaba que esta había sido rechazada porque:

  • “De otro modo representa una amenaza a la seguridad, orden, u objetivos de rehabilitación del sistema de correccional, o a la seguridad de cualquier otra persona.”

  • “Representa, describe o alienta actividades que pueden llevar al uso de la violencia física o desorganización grupal.”

  • “Alienta o instruye en la comisión de actividades delictivas.”
La carta en cuestión contiene citas legales y pautas de políticas de apelación administrativas. Este tema claramente no está relacionado con la violencia o seguridad de una prisión. No hay nada en esta carta que se pueda interpretar como que representa o alienta a la violencia o desorganización grupal. Y definitivamente no tiene nada que aliente o instruya a cometer delitos. Hemos enviado una apelación al alcaide de Hamilton pero no somos optimistas dado que incidentes similares en Florida se han chocado contra paredes de silencio o de negación de nuestras demandas sin razón.

Necesitamos un abogado para que nos ayude con esta pelea en Florida, pero hasta ahora, ninguna firma de abogados ha estado dispuesta a aceptar este importante caso. Tenemos compañeros que conocen muy bien la ley que pelea contra esta censura, pero es muy difícil coordinar nuestro trabajo cuando nada de nuestro correo ni siquiera les llega a estos activistas.

Casos como estos deberían enfurecer, incluso a aquellos que creen en Amérika como una sociedad justa. Es obvio que no hay justicia en la negación de material educativo y recursos legales a los prisioneros. Y este tipo de acción expone claramente la mentira de la rehabilitación que el sistema pretende apoyar. Las personas con acceso a internet pueden buscar en la web estos y otros casos de censura en nuestro sitio www.prisoncensorship.info/data.

chain
[Organizing] [High Desert State Prison] [California] [ULK Issue 52]
expand

September 9: Prisoner-on-Prisoner Hostilities Cease 4 the Day in California

Spirit of Attica

September 9, 2016 was the fifth annual Day of Peace and Solidarity, a United Struggle from Within solidarity demonstration in prisons across the United $tates. On this anniversary of the Attica uprising people came together to draw attention to abuse of prisoners across the country while building peace and unity. This demonstration was initiated in 2012 by an organization participating in United Struggle for Peace in Prisons and has been taken up as an annual UFPP event, with people committing to participate in prisons across the country. Actions include education, exercise, fasting, work stoppages, and more. Here we have some initial reports from this day from comrades at High Desert State Prison in California, and we look forward to printing more in the next issue of ULK. Send us your reports!

Education: Building the Movement


from E6X.20
August 2016

First I would like to thank the comrades willing to study and struggle with Abolitionists From Within (AFW) here on C-yard, for having the heart to step out and shake hands with the different ethnic groups and put an end to the hostilities with peace on their tongue during Black August. Our study group has been growing throughout the cells here at High Desert C-yard, despite many setbacks of harassment from the pigs here and there. As I continue to share literature with the comrades and this year’s study group, I introduce them to MIM(Prisons) and United Struggle from Within (USW). I remind every comrade that everyone’s struggles are different (state of mind). If you know what the problem is our job as comrades is to help come up with solutions to combat the problem for our comrades. But in order to do anything to advance the struggle we must be organized in order to help one another, we must set tribalism to the side! And set aside all of our differences as well as our past beef and come together collectively in an effort to accomplish our goals: Peace, Unity and Growth among the oppressed masses.

AFW is back on the move for the second year here at High Desert State Prison (HDSP), bringing together a cohesive front in reflecting, fasting and uniting to honor those nameless and faceless men of Black August and Attica (1971) by coming together in solidarity. This year we put the issues of today on the table:

  1. Who is your neighbor? Always remember racism is an idea that is the product of imperialism. And AFW, USW and MIM(Prisons) are all in agreement with anti-imperialism!
  2. What will help us improve our material condition? First we must start off with our neighbor, each one teach one no matter the color.
  3. Understand the prison system. The system operates through criminal justice institutions, but functions more like a caste system than a system of crime control.

Comrades, wake up! Understand the racial caste system; they don’t require racial hostility or overt bigotry to thrive, they need only racial indifference. Wake up young Afrikan! Mass incarceration in the U.S. is a comprehensive and well-disguised system of racialized social system. Comrades, help me help us organize and advance our struggle forward for peace throughout C-yard.

Solidarity


from E6X.20
September 2016

Abolitionists From Within is back on the move on this September 9 Day of Peace and Solidarity with all Freedom Fighters and to commemorate and never forget about the Attica uprising. To my comrades around the country who took a stand today, I stand in solidarity with you. And remember the fallen comrades and the spirits that live on.

This is the AFW’s second year demonstration at High Desert (HDSP). Last year I was on D-yard as I know my comrades are on the move. Stop the madness, don’t forget who the real enemy is. Here on C-yard the cells are growing. I would like to thank all the comrades for participating, and the study group comrades who are fasting with us today in my unit, and my Chicano comrades who had the courage to share with me the Under Lock & Key I pass out. We reread articles, talk about it in great detail, clarify with my comrades and spread enlightenment about the history of the Attica uprising and the history of the September 9 Day of Peace and Solidarity, and remembrance of the fallen comrades. As each comrade in our unit continues to struggle and agree on the best solutions in attacking our issues that are inflicting us today, I encourage each cell to do the same in their unit.

Here on C-yard was nothing but peace today in solidarity with the movement and with the Attica freedom fighters. Thanks to MIM(Prisons), USW, United Front for Peace in Prisons, Agreement to End Hostilities and all my comrades who took a stand today.

We can only change our conditions for the better by struggling together.

Unity


from J-DOG II LX
September 2016

September 9 will never be an ordinary day for me again. When I was approached with this novel idea of showing solidarity for this 24-hour period I jumped at the idea. Why? Because day in and day out I deal with prison politics, but it’s not the politics that bring us better prison treatment, it’s politics that keep us at odds with each other over petty b@#%s#@! Brothers like George Jackson gave the ultimate sacrifice so that we could have a lot of the privileges we have now. I’m sure the brotha would be very disappointed at how s#!% is now. We’ve seriously forgotten who the real enemy is, and until we start showing more unity among ourselves this machine that holds us as modern-day slaves will continue to win.

Whether we want to believe it or not we are all brothers in the struggle. From Soledad to Attica, High Desert to Sing-Sing, and all in between. We are all dealing with the same systematic incarceration. So this September 9 I wanted to be an example of what Unity could bring. I refrained from any yard politic and refused to entertain any backbitting on another brother. I did not sell or use any drug, nor did I give any to my brothers. Healthy mind, healthy body. Although I don’t like doing burpees I joined my brothas in a 45-minute test of endurance. For that 45 minutes we were as one. One unit pushing each other to keep going, can’t stop, won’t stop, our cadence rang loud: Unity! I took the time to stop and ask my brother “how are we today,” “can I help you with anything?” These things probably went unnoticed to the yard masses, but I didn’t do it for recognition. I did it because strength, kindness, and comradery is infectious. If I infected one brother I’ve accomplished what I believed could be done.

Now that I’ve been enlightened to what brothas have been doing for years on September 9, I must continue to push, pull, stride, for unity. I too have lost sight of the power of unity and it feels good to care about something or someone other than yourself. So thank you to my little brother in this struggle for infecting me with this knowledge, and to all my brothers in this struggle from Cali to NY and all in between. From the words of the late great Tupac “Keep ya head up.” If we make it through the night, tomorrow’s a brighter day.

Sacrifice


from DM dot LOC
September 2016

In from the cold, it feels great to be embraced by enlightened kinsmen from the AFW. Solidarity Day (September 9) is fast upon us. Some type of sacrifice is needed. Myself I pledge to fast and refrain from cursing and illogical rhetoric. I hope all comrades who participate can stay steadfast and maintain their discipline.

chain
[Gender] [Militarism] [Spanish] [ULK Issue 54]
expand

El Ejército de los E$tados Unido$ acierta golpe fulminante contra las políticas de identidad de género

Esta semana, los oficiales del Ejército de los E$tado$ Unido$ anunciaron que las personas transgénero son bienvenidas para servir abiertamente como guerreros del imperialismo y la dominación mundial Amérikkkana. Hicieron un plan que será puesto en marcha el año que viene, que incluye apoyo financiero para tratamientos médicos como cirugías, terapia y hormonas.

Algunos activistas trans, que reconocen por qué este anuncio es “problemático” para las personas en las naciones oprimidas, afirmarán que “[el Ejército de los E$tados Unido$] nombraría como nuevo miembro cualquier cosa.” Lo cual es cierto, hasta un punto. El gobierno de los E$tado$ Unido$, en todas sus formas, tratará de controlar todos los aspectos de nuestra sociedad que puedan ser controlados. Lo que recalca el punto de que las políticas de identidad de género no amenazan al militarismo e$tadouniden$e y a la dominación del mundo porque pueden ser controladas por la mera aceptación. ¿La lucha por la aceptación de los transgéneros (o cualquier lucha de género), distinta de la organización revolucionaria, debilita al capitalismo mismo? No. Y este anuncio lo prueba.

El gobierno e$tadouniden$e no puede nombrar como nuevo miembro a organización antiimperialista genuina, a pesar de sus intentos con las organizaciones encubiertas y la revisión de la historia. No puede integrar la autodeterminación de las naciones con el colonialismo porque son aspectos opuestos de una contradicción mundial. No pueden terminar con la opresión y desesperación de la gente en el Tercer Mundo porque dependen de esa opresión para su función básica de la explotación para mantener a las personas en los E$tados Unido$ ricas y felices.

Si tu lucha puede ser integrada al Ejército de los E$tado$ Unido$, entonces eso demuestra de qué lado está en realidad. ¿Eres un revolucionario internacionalista? ¿O sólo esperas por una mejor vida aquí en Amérikkka? Todos los que se opongan a la opresión de identidad de género, militarismo y genocidio deberían hacer todo en su poder para organizarse en contra del Ejército de los E$tado$ Unido$, y en contra del capitalismo, dado que esa es la única manera en que llegaremos a un mundo sin opresión de género para todos.

chain
[Rhymes/Poetry] [ULK Issue 53]
expand

In the Name of Socialism

Stop – freeze
Pig get on your knees
You can hate me
But you can’t stop thee
Movement in progress
Socialism rises,
Like the Phoenix –
All shapes and sizes,
Walk of life
Will walk to town
We stop until
Capitalist trash falls down
chain
[Medical Care] [Mental Health] [ULK Issue 53]
expand

Cell Exercises to Build a Revolutionary Body

The stressful conditions of imprisonment, through its tactics of oppression and the aggressions of the prison system, not only take a toll on our minds, but on our bodies as well. Lockdowns and constant hours confined in a cell erodes our bodies through inactivity. It’s important to work on our physical stamina to aid us in our struggle against this oppression and this can be seen as an effort against this tyranny, furthering our revolutionary efforts. So exercise is important and one should do some kind of exercise every day as an action against our confinement.

Here are some simple exercises that can be done in a cell or the yard and shouldn’t take more than 5 minutes.

Warm-up: This is an easy warm-up to try when you feel you’re not in the mood to exercise yet. Do some calf raises, they’re fairly easy. Stand with your feet about shoulder width apart, then get up on your tip-toes, then go back to standing normally; that’s one. Do this about 10 or 20 times, or however many you feel is enough; it’s a great way to get your blood flowing.

As you do these, if you want, you can hold your arms out to your sides, about shoulder level, for two counts, then straight up over your head for two counts. Then back to the start position. You can do this anywhere with any type of footwear.

Isometrics: Isometrics are when an exercise position is held for a few seconds in order to gain stamina at exercise. It’s a great way to strengthen your core.

Here is a simple set of three exercises that shouldn’t take more than 3 minutes to complete.

  1. Forward Lunge - Starting with your feet shoulder width apart, step forward with your left leg until it is in a 90 degree position in front of you, your back leg bent forward it’s lower leg (or calf) parallel to the floor. Hold this position for 20 to 30 seconds, then go back to the standing position. Next do the right leg. If you need to, between each exercise you can rest for 10 to 15 seconds, or until you have recovered. When doing the forward lunge try not to rest your hands on your leg or knee, as this will weaken it during the exercise.

  2. Front Leaning rest - Get in a push-up position, and sink to the floor as if to do a push up, holding yourself just off the floor (or down and hold it, as it’s known) then hold this position for 20 to 30 seconds.

  3. Squats - Stand with your legs shoulder width apart; then bend your knees, bringing your upper torso down while keeping your back straight, until your knees are bent at 90 degrees, or what you can manage. Hold this position for 30 seconds.

During these exercises you can take small breaks of about 15 to 20 seconds in between each one, but it’s best to do them one after the other, with as short a break as possible in between. If you want you can extend each exercise to 60 seconds and see if you can finish the whole set in under 5 minutes.

Quick Cardio: here are some exercises to work on your cardio. The whole set can be done in under 5 minutes.

  1. Push-ups - do as many push-ups as you can in 30 seconds. Later, if you want you can increase this to 60 seconds.

  2. Jumping Jacks - do as many jumping jacks as you can in 30 seconds, you can also increase this to 60 seconds.

  3. Flutter kicks - lie on your back, on either the ground or your bunk, put your hands under your hips, on either side of your spine, so that your pelvis doesn’t touch the floor (the best way to do this is to ball your hands into fists). Then bring your feet up so they and your legs are about 2 inches off the floor. Lift your left leg up until it is in a 45 degree position from your body. Then bring it back down to the start position. Next do the same with your right leg. Keep alternating legs at a steady pace (like walking or jogging) for about 30 seconds. This exercise can create stress on your back, so it’s best to build your strength by doing the exercise moderately before you increase the time to 60 seconds.

Remember directly after your exercises you should walk or pace around for a few minutes, or do some calf raises. This is so your body can adjust itself to having been active after being in a cell all day.

Make time in your schedule to try some of these exercises. To strengthen your body is an action against the tyranny of imprisonment and a demonstration of determination against the actions of imperialism.


MIM(Prisons) responds: We agree with this writer’s analysis of the importance of exercise to a strong mind and body, especially when both your mind and body are under attack in prison. A physical exercise program should be combined with mental exercise of political study and struggle as well as political organizing work. Some comrades have used exercise programs as a tool for political organizing, building unity in the yard by bringing together groups to work out together and then conducting education classes after these workouts.

chain
[Organizing] [Campaigns] [Legal] [Virginia] [ULK Issue 54]
expand

Prisoners Unite Against Suppression of VA DOC Grievance Procedure

“This operating procedure provides an administrative process for resolving offender issues and complaints through fair, prompt decisions and actions in response to complaints and grievances from offenders incarcerated in Department of Corrections institutions.”

These are the clever introductory words of Virginia Department of Corrections (VA DOC) Operating Procedure 866.1 governing “Offender Grievance Procedure.” While offenders – captives – suppose to enjoy non-repressive rights to utilize the grievance procedure, captives have experienced for many years repressed rights by the Department’s Human Rights Advocates (commonly called Institutional and Regional Ombudsman) and administrative personnel. The VA DOC is at odds over effective administrative application of the captive/offender grievance procedure.

Since my incarceration in 1993, the captive/offender grievance procedure has always been a medium, used by captives, to receive redress for their issues and problems. The Institutional Ombudsman, once upon a time, investigated captives’ issues/problems with proper handling, meaning they would speak to both the captive and staff before rendering a decision. Ombudsman would render decisions reasonably, appropriately – even if it was to the neglect of the system. After all, that’s the job of the Human Rights Advocate.

Over the years, the captives have grown to understand completion of Offender Grievance Procedure is the first step to satisfying the Prison Litigation Reform Act (PLRA Federal statute). Before the legal court system will entertain captive lawsuits, the first level one must meet is exhausting all available administrative remedies. With this understanding, VA DOC Institutional and Regional Ombudsman began seeing a rise in filed complaints and grievances, and civil lawsuits (42 U.S.C. 1983). A conspiratorial plan was hatched by the department to suppress captives’ grievance procedure and opportunities. Something had to be done. VA DOC was being held liable, costing thousands of dollars.

The first step in repressing and suppressing the captive grievance procedure was that many prisons and institutions removed captives’ complaint forms and level 1 grievance forms from availability. This means, in order for captives to receive said forms, they must make requests to officer/building sergeants. Captives must divest their issues/problems to authorities. If the officer or sergeant disagrees with your issues or problems, they refuse to give you needed forms. When they do give you forms, it’s usually because the issue/problem is not really a threat. Captives are left with suppressed and repressed grievance rights, by the same system that swore to uphold these rights.

Once a captive completes the informal complaint process, an administrative grievance can be filed. With next-level repression, the Ombudsman uses fraudulent claims to deny grievances; such reasons as: time barred, inquiring on behalf of other “captives,” not enough information, and in some cases stating “If you’re not satisfied with response file to next level – regional ombudsman.” (Some complaints/grievances are not returned.) These alleged claims are used by the institutional ombudsman to deny grievances, not logging grievances, or otherwise repress the process. Regional Ombudsman, being the last level of grievance process, usually side with Institutional Ombudsman.

Captives who file complaints/grievances, at times, are faced with reprisals. These reprisals, although forbidden by Operating Procedure 866.1, are usually felt in not receiving jobs, non-favorable housing, denied transfers, and more. Captives face extreme difficulties seeking to prove they are experiencing reprisal, due to filing complaints/grievances. Often times, captives who file these documents are labeled “paper-pushers,” and the new term, “paper terrorist.=” (yeah, such a machination by the oppressors).

VA DOC has created a crafty method to suppress, and repress captives’ grievance procedure and right. This is reflected in the number of Level 1 and Level 2 grievances “found” versus those “unfounded.” Even when the evidence submitted favors the captive’s claims, the grievance is still returned “unfounded.” The Ombudsman no longer advocates on behalf of the captives, nor upholds the integrity of the grievance policy.

In entertaining plans to file civil litigation (§42 U.S.C. 1883 claims of civil rights violation) one must have satisfied §42 U.S.C. 1997(e)(a) which states “no action shall be brought with respect to prison conditions… by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted.” With continuous suppression of captives’ grievance procedural rights, this satisfaction will prove to be difficult. These measures are used by the oppressive system to derail, suppress, or otherwise hinder captives’ ability to satisfy §42 U.S.C. 1997 (e)(a), and PLRA, and have any legal litigation dismissed for not exhausting all available administrative remedies.

In a recent lawsuit (§42 U.S.C 1983) I filed against a VA DOC prison, and its Director Harold Clarke, alleging Civil Rights violations. I was advised by United States District Court for the Eastern District of Virginia, “Plaintiff has no constitutional right to participate in grievance procedure - citing Adam v. Rice §40 F. 3d. 72, 75 (4th Cir. 1994) - because plaintiff enjoys no constitutional right to participate in grievance procedure his allegation that his grievances were improperly processed are legally frivolous - citing Banks v. Nagle. Nos. 3:09 CV419-HEH; 3:09 CV14 (2009) WL1209031, at *3 (E.D.VA. May 1, 2009).” Moreover, simply, “ruling against a prisoner on an administrative complaint does not cause or contribute to the [constitutional] violation, see George v. Smith 507 F. 3d. 605, 609-10 (7th Cir 2007)” I alleged in my First Amendment violation claim: Ombudsman at this prison suppressed, obstructed or otherwise denied me fundamental (and meaningful) access to “offender grievance procedure” due to refusal to properly process and answer said grievances. It was, and remains a continuous practice, within VA DOC, to deny “redress to government,” in this case, the prison authorities who are agents of the state.

It appears the U.S. District Court has shifted their views and opinions as to whether captives have a constitutional right to grievance procedure. On one hand, the Federal statute §42 U.S.C. 1997 (e)(a) states we have to satisfy the prongs of the PLRA, which requires the exhaustion of all available administrative remedies, before filing a §42 U.S.C. 1983. But then, restrict such requirement in decisions rendered in Adam v. Rice and Banks v. Nagle, which contradicts mandates of §42 U.S.C. 1997(e)(a).

Without protected due process rights, whether in society or behind these walls of horror, the people are in trouble. Captives have seen a consistent erosion of rights, or a limiting of such rights, over the years; from the Anti-Terrorist and Effective Death Penalty Act, of former President Bill Clinton, to the Patriot Act of George W. Bush. High courts have repeatedly sided with state prison administrators, citing “security takes precedence over certain rights, including infringement upon certain civil rights.” This could very well open the door for the pigs to get away with vicious assaults, property damages, and other egregious acts that goes on behind these walls. The highway for “organized crime” is without patrols.

Captives are subjected to a wide range of issues and administrative confrontation, leading to needed remedies. Though, each “department of correction” professes administrative remedy outlets, captives’ rights to utilize these administrative outlets continues to be repressed, ineffective, leaving issues unsolved. These create an environment of mistrust, instability and an ethos of disorganization between captives and “the system.”

Captives here at this VA DOC prison have organized around the “United Front” and “United Front for Peace in Prison - Statement of Principles.” We have organized, mobilized, and deputized. We’ve organized to the point where we have a ten point agenda, designed to address our oppression and oppressor in an organized and systematic way. We wish to accept full responsibility for our actions, educate ourselves in seeking justice, and assure that we remain at peace, on what we’ve agreed upon, and united around our collective agenda.

We wish to join on to and with MIM(Prisons)’s campaign “We Demand our Grievances are Addressed.” Please send us the petition! ASAP we will work to assure this petition is signed by as many we can from behind these walls. We will continue to educate ourselves towards the process, and our rights under Civil Rights of Institutionalized Persons Act.

Let’s stop the repression of the grievance procedure within the VA DOC. We stand with MIM(Prisons)!


MIM(Prisons) responds: This comrade and others in Virginia have been doing some great organizing work, building the United Front for Peace in Prisons, local study groups, and fighting the corrupt grievance process in that state’s prisons. We look forward to the progress of this campaign as a part of building a broad base of united prisoners in Virginia fighting the criminal injustice system under anti-imperialist leadership.

chain