November New Abolitionist
Friends,
Two months have passed since we last spoke and it seems as though nothing has happened. We have a few new legislators and some new faces in Government but the more things change, the more they remain the same. Doyle and Green were tripping over each other during the campaign each posing as tougher on crime. During the televised debates, neither would address the issue of an overcrowded prison system that is growing every day.
The last New Abolitionist presented a list of bureaucrats and functionaries that we suggested you write to every week. Don, one of our readers wrote back with a needed dope slap. He said that writing these people is actually disem-powering as it confirms our status in the hierarchy; it reenforces the power structures and buys into the illusion that reform is desirable. He also sent along a quote from a 1970’s French anti-prison group that carried out many daring tactics: “Reform is the continuation of repression by other means, it increases the efficacy of social control.”
We appreciate Don’s reality check. Sometimes we get so caught up in fighting the inhumanity inherent in the prison system that we begin to think that any curbing of the brutality is a success. The truth of the matter is, even talking to the oppressor is a concession that degrades us.
Don’s point is that we have allowed the dominant morality (which is imposed by the ruling class) to shape our reality. Morality, religious doctrine and laws are transitory concepts serving the needs of the dominant culture and are used as a cudgel to bang the poor into compliance. Drug prohibition is used to ensnare the poor in “laws” that legitimate their oppression. Morality pressures the poor to comply with “social norms” which are really no more than the ingrained acceptance of the hierarchical structures. The primary function of morality in modern society is to protect the property and being of the wealthy.
It’s a real pleasure to have the security of a subscription base. More than 150 prisoners and/or family members have sent their financial support. Please continue to tell other comrades to send in support. We need more members. Not just to continue the newsletter; the newsletter is just a tool for a bigger project. Perpetuating the newsletter is not the goal and fund raising is a distraction that we would rather not deal with. Our goal is to build a solid base of active members who can pressure the powers that be.
Our good comrade Frank R. is out and full of ideas and positive energy. Despite his lifelong battle with the (in)justice system, he remains an optimist. He’s received great support and this will help him stay out of prison despite all the traps and hurdles set by the DOC and society. He’s described his first few weeks on page 2.
Comrade MoSo has sent us a more sobering perspective. He too wants to dispel the illusions of false hope. He sees no future in appealing to the courts as they are stacked against the poor. Our hope lies in the legislature.
We’ve included a few court decisions that went our way. They’re not “big class actions,” but they may represent a change in the tolerance level of abuse the courts have allowed. The 7th Circuit Court has compared WSPF to a Soviet gulag. Abu Ghraib might be a better comparison. A Federal Judge in Kalamazoo recognized torture too.
The decision as to whether the WSPF Settlement Agreement will continue, and whether the court will continue to over-see the institution will be argued on Feb. 5 -8, 2007. The 7th Circuit decision will not help the DOC and they are already in “damage control” mode, claiming that conditions have changed. Hmmm, and why should we believe you now? Judge Crabb has never visited WSPF. We think she should drop in unannounced one day
Ty Schissel has gotten a grand jury convened, looking into allegations of corruption at Stanley, the inconsistent evaluations for parole consideration, the classifying of inmates (max, med, min) and their placement, also, the department's refusal to provide information when requested under the open records laws. He has also filed suit against the former head of the parole commission and the director of inmate placements. His outside support was key to this “success.” We’ll follow this closely.
We have received more letters from guys who had been recommended for parole by a commissioner only to have the rug pulled out from under their feet by Alphonso Graham. We were planning a march in front of Graham’s home but weather and the lack of sidewalks in his cul-de-sac subdivision caused us to rethink this plan. The idea of embarrassing these people in front of his neighbors is one that we will continue to keep in our arsenal of tactics. Bill Lueders of the Isthmus in Madison wants to do a story on this parole abuse but needs a prisoner who comes from Madison. Nearly all the letters we’ve received are from guys in Milwaukee, so if you know of a Madisonian who has been abused by Graham, have them write our office. Gil Halsted of Wisconsin Public Radio wants to do another story on this and we’ve been helping him with research.
Frank R. and Frank V. were on WORT radio November 2nd. The call in show is called A Public Affair, hosted by Barbara Golden. We put it out there pretty well but the hour went by too quickly. We’re looking at the possibility of a monthly show devoted to prison issues called, The War at Home.
In September we wrote about our good friend Dawud Bracey who had fallen off the radar screen. As the newsletter went to print, word came that he had been killed by the Sauk Co. police. No matter what story you may have heard, Dawud was a good man, a devoted husband, a loving father, a devout Muslim, and active in the cause. He had endured a string of lousy jobs. He had tried to do all the “right” things. He suffered the internal despair of not being able to provide for his family. He was pushed over the edge by a cruel and heartless culture that punishes when it should help, that hates when it should love, and that kills when it should nourish. Peace to Dawud, we miss him.
in solidarity, PAC
My Journey from Prison to Home
by Frank Ratcliff
The experience of my release has been most rewarding. I am fortunate enough to have a great support team, that consists of peers, family members and friends.
Within 11 days I had secured both a part-time and full-time job and met more people than I ever had in a single day. My friends, Aggie and Edward, whom I refer to as my adopted parents not only opened there home to me, but their hearts as well, and hosted a coming home party for me, where many friends, supporters and neighbors welcomed me home.
As a result of the party I met a neighbor, whom I refer to as my adopted aunt, Hildegard, who has given me part-time employment. Another of my new neighbors, a former coach for Waunakee, who had some reservation about me and prisoners immediately became my friend, and offers me his unconditional support as do many
other neighbors.
Ed has introduced me to a new hobby, taking photos, and I've become hooked. I now walk the road taking many photos as I enjoy the beauty of the marsh and Gaia, enjoying the freedom of silence with all the beautiful creations that completes nature.
Prior to my release Ed, at St. Benedicts, asked for volunteers to join my support team, to drive me places I would need to go, and a number of people volunteered. I've met all of them and have found loving and caring friends, one a former priest, and two former teachers and Postal Service employees, both name Jeanne. One owns horses and the other manages apartment complexes.
My partner and friend, Frank Van den Bosch and I have appeared on WORT, 89.9 FM. We spoke about issues of reentry and other prison related concerns. We have also hosted a meeting at the Social Justice Center related to prison issues and will be hosting many more.
I attended a MAFAAC meeting concern-ing issues related to racism in schools, and I made the presence of racism known within our prison system, and that schools are failing the Black community and are the source of youths filling our prisons to create employment for those cities which farming no longer can provide an income.
My first Sunday home I attended St. Benedicts, and was welcomed by many people. I was introduced to the congregation by Ed and have found nothing but love and support.
On November 10, 2006, I visited with my partner and his wife who are dear friends and supporters. We hiked the woods and I took many photo's of its history and beauty. Frank, has introduced me to a variety of foods, taking me to ethnic restaurants, and together we attended a book signing, Back From the Dead, by Joan Cheever.
I attended a Holly Near Concert with Ed & Aggie, and we are now preparing to introduce some arts & crafts at the Waunakee Arts & Craft Show. The experience has been most rewarding and has kept me focussed on my goals.
I've had to disassociated myself with past associates and adopted a no tolerance attitude towards any association that might be destructive or inconsistent with the direction I must maintain to remain free and get things done.
I look forward to helping those I left behind while not hurting myself, and those who really want help. Keeping it real does not mean sacrificing one life to make another person comfortable. But it does mean doing what you can to help your fellow men and this I will do, as I can, so far as it doesn’t affect me from living a productive life, or add to the stress and problems I must face.
I am going to close this for now because much work is waiting. I am out and I have not forgotten you, and you must not forget yourself. It is time for you to be real with yourself, and time for you to step up to the plate and take responsibility for your future.
Some people write me requesting I make telephone calls for them to girls and family members. Some have made attempts to call me collect, and some have asked me to help with their case. I am well aware things are needed, but I cannot help in this manner. I cannot afford the cost of collect calls nor the time to make calls to family members, or add more to my struggles than I already have.
Being Real,
Frank
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"The more corrupt the state, the more numerous the laws." -- Tacitus, Roman senator and historian (A.D. c.56-c.115)
OLD LAW UPDATE
There is nothing much to report regarding the Old law Litigation. We are at a point which we need representation, because all the research has been completed. We also are at a point which we need the support of all Old Law Prisoners’ family and friends for the cause.
I have written several Attorneys and await their decision from each. It is sad that there are well over 11,000 inmates who remains in the system under the old law, and only 350 of them have join the struggle, and approximately 100 of them have subscribed for the newsletter to offer support, and many family members
and friends offers no support at all of PAC efforts.
Without the support with a strong demonstration of concerns it is useless for PAC to continue the fight for those who wont fight their cause, or support us.
Each time I reflect on Ohio, PA., Orgeon, and Virginia, states that have won the ex post facto issue related to parole, which is exactly like the situation we face, and seeing the number of people that were involved and support the cause, from prisoner, family of prisoners, friends, and those concerned citizens for justice, and to compare the support to what we have I am taken aback. I wonder if there is much more I can do or is it just people are content with the present situation and circumstances of injustices.
Therefore, I've come to the conclusion to push this matter to seek the answer. I am now preparing to organize speaking events to educate family members regarding this issue in every city we can. To do so, we will need family members, friends, and concerned citizens for justice to contact PAC to arrange an event at their church, homes, etc., where they could invite other concerned persons to hear what we have to say, and get more involved.
Some family members have expressed they will support the cause and we have yet to contact them, but now that I’m out here helping, we will be making those contacts and arranging meetings to address the specific issue.
In Solidarity,
Comrade Frank Ratcliff
NEW WORLD ORDER REQUIRES NEW WAY OF THINKING
Dear PAC Readers,
I'm writing this article to hopefully raise our level of consciousness to the struggle most of us face and to make you aware of who your enemy is. I also receive many letters from many prisoners requesting assistance in their endeavors, where they are still stuck in this frame of mind of filing these big class action law suits that's gonna change or help in their conditions of confinement or expose some great injustice in the system. Those days are over. The last of those type cases was that of Jones-El V. Berge. And even that, was one of the last in the country and was not suppose to happen.
There has been a underground conspiracy since the late 1970's by this group of White Supremist clothed in a political garb of the Right wing Republican Party and "Christian Coalition groups" that set into play a take over of the political system and put members of their conspiracy into key positions of power. We are witnessing the results of this conspiracy by the war, World Trade Center attack, the Welfare Reform, tough on crime, war on drugs, etc., etc. All these events and policies were planned to reduce the population of what's referred to as the "Useless Eaters" or "Non-producers". So to accomplish this, they had to convince the people to give up their Constitutional Rights. Just, as Hitler did in Nazi Germany. This "Document" stands in their way and is a source of frustration. This is why rather than just using blunt force, which they wish they could do, they have to resort to deception, lies and tricks to convince the people they are the good guys and what they are doing is Right and Godly. So in carrying out this conspiracy to control the Government and Political process, the first thing they did was conspire to take over the Judicial System. So they formed a group called the" Federalist Society" which compiled a list of Judges that showed promise to be the most extreme right wing and racist and unprincipled they could find and made arrangements to get them appointed to the highest Judicial appointments in both State and Federal Courts. This mission was recently completed with the most recent appointments to the United States Supreme Court of Alito and Roberts. So the poorer classes must now accept the fact that all avenues to seek Justice from these traditional branch of government, is over. There may be a few "Old School" real judges left, where some justice may be obtained in case by case basis. But in the big scheme of things, the Courts are closed. These people now on the bench are nothing more than "hit men" who are there to block you from obtaining any relief. This includes from your personal criminal convictions to prison conditions or Constitutional violations. If you show a law has been violated that will help you, their job is to change it and protect their government.
Most everyone still has this old way of thinking, that their case is different. That their case is stronger so that they will get justice and succeed where others have not. It’s this kind of thinking that keep us separated and un-unified. Everyone only see this struggle through their own individual case or situation and think it’s special. Well it ain’t, these people, your enemies, have completed their mission of stacking the Court System with these "Hit men" and they will be there for the duration of our life time, as they are appointments.
So our only avenue still open, is the Legislative body, or Political arena. It is through the Governors Office that, if you have enough political support, you can get your sentenced reduced by a commutation of your sentence. Or if you have been wrongly convicted, you can get a pardon or clemency. Even the Wardens of the prisons, are appointed by the Governor, so they are political appointees, so its through the political arena that you can get things changed for the better. So the problem is, you have to get out of this old way of thinking that it is the Court System that is going to save you. Going to the court now is like trying to go to Satan to complain about what one of his Demons have done to you. Your cries only give him laughter. So, your only hope is this last chance to unify in this cause that is now before your face and support this organization that is designed and intended to help you with a bigger and stronger voice in the political arena. We need your friends, family members and loved ones to all form under one fist and can then make some noise and possibly prevent your destruction.
Under the current Status Quo, no judge is gonna give you a Sentence Modif-ication, or reverse your conviction because of some error in your case, or honor the law and grant you relief for some Constitutional violation. The only hope you have to succeed is to change the law to where it is so clear, these fake judges cannot use their positions to undermine it and continue to carry through their evil agenda of completing your destruction. If you want justice, you must join this effort. All you gang bangers, gangsters and big time drug dealers, hopefully by now you realized you have been tricked and deliberately kept ignorant and mislead into walking into these traps. Now is the time to fight the real opposition. So send a copy of this paper to your people and all they have to do is send in their subscriptions so they can start getting informed and we can get this show on the road.
We need NUMBERS. these are the last days.
Word is Life,
One
MoSo,
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Judge rips Supermax as a 'gulag'
Court: Prison's treatment, punishment were cruel
By David Callender
November 15, 2006
A federal appeals court has likened conditions in Wisconsin's Supermax prison to the most punitive "gulags" of the former Soviet Union.
In a stinging 14-page decision, the Seventh U.S. Circuit Court of Appeals questioned whether the treatment of inmates at the Boscobel prison violated constitutional protections against cruel and unusual punishment. Writing for the three-judge panel, Judge Terence Evans described that treatment in the starkest terms.
"Stripped naked in a small prison cell with nothing except a toilet; forced to sleep on a concrete floor or slab; denied any human contact; fed nothing but 'nutri-loaf;' and given just a modicum of toilet papers - four squares - only a few times. Although this might sound like a stay at a Soviet gulag in the 1930s, it is, according to the claims in this case, Wisconsin in 2002," Evans wrote in the opening paragraph of his decision.
The court did not rule on the facts of the case, sending that portion back to be decided by a federal district court in Green Bay. But the judges said that if those facts are true, then the prison violated inmate Nathan Gillis' rights.
At issue in the case is the prison's Behavioral Modification Program, which is aimed at getting problem inmates to obey prison rules. In Gillis' case, prison officials said he did not sleep with his head where guards could see him, which they said was necessary to make sure he was safe.
For violating that rule, Gillis was stripped of his clothes, bedding, and all personal property and fed "nutri-loaf," prison food ground up and formed into a loaf.
Under the rules, Gillis could gradually earn back his clothes and other belongings if he obeyed the rules; if he did not obey the rules, he would remain indefinitely in his cell, naked, alone, and on a cold cement bed. The court ruled that the conditions "had an adverse effect on Gillis' mental stability.
"He heard voices telling him that 'these people were trying to kill him.' He suffered panic attacks, with palpita-tions, shortness of breath, and a feeling that he was going to die. He became suicidal. He inflicted wounds on his body and wrote the words 'help me' in blood on the walls of his cell," Evans wrote.
After guards saw Gillis' wounds, he was transferred to a mental health unit at the prison where he was placed on clinical observation "but the conditions of his confinement did not change," Evans wrote. Evans wrote that unlike other punishments, Gillis was stuck in the Behavioral Modification Program until he completed it - not just until he obeyed the rules.
The program "is different" from other punishments. "It is not simply a natural consequence 'automatically' growing out of a rule infraction. It is much more elaborate," Evans wrote. "An inmate who refuses to put on his trousers can correct the situation immediately by putting them on. In contrast, (prison officials) did not simply take Gillis' blanket away until he conformed with the rule. Once he received notice that he was to be put in the BMP, he had to complete the whole program. He couldn't make it stop."
Many of the conditions of severe deprivation and isolation described in Gillis' case are similar to those recounted in a 2001 class-action lawsuit filed by severely mentally ill inmates at Supermax.
Under a settlement, the state agreed to remove all mentally ill inmates from the prison, but said the use of isolation and deprivation would continue for other inmates.
Inmates are sent to Boscobel, now known under the settlement as the Wisconsin Secure Program Facility, from other prisons if they are violent, disruptive or do not obey prison rules.
Evans noted that it was unclear whether the BMP was still being used.
Gillis, he wrote, contends that the program is still in effect, while prison officials "with notable ambiguity, say that 'although the policy may still be in effect, the BMP program is no longer used'" at the prison.
Gillis' lawyers Pam McGillivray and Ed Garvey argued that if the federal district court sides with their client, the appeals court decision could have national implications on states with similar Supermax programs.
In a statement released today, Department of Corrections spokesman John Dipko said the department's attorneys are still reviewing the decision.
He added, "It is important to note that the issue before the 7th Circuit Court of Appeals was whether there are material disputes of fact between the parties. The 7th Circuit found that material facts are in dispute, and remanded the case to the district court for a trial. We take issue with certain points made by the plaintiffs in the case and will be prepared to state our position in court."
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Robert Jay Lifton, probably the world’s foremost authority on the psychology of genocide, has made it clear, before you can commit any mass atrocity, you must convince others and especially yourself that what you’re doing is not an atrocity, but instead beneficial. Thus, the prison system is not abusing prisoners, it is “modifying behavior.”
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Where justice is denied, where poverty is enforced, where ignorance prevails, and where any one class is made to feel that society is an organized conspiracy to oppress, rob and degrade them, neither persons nor property will be safe. Frederick Douglass
TIS UPDATE
The update regarding TIS is brief. Upon release I've been focussed on transition, and getting more involved with PAC. There has been limited time for access to sources I need to upgrade the information and finalize a decision regarding the legality of TIS.
My desire is to complete this by time of the next newsletter. However, Frank V. and I did attend a MEP meeting in which a forum on TIS was being organized. This TIS forum will be held on February 24, 2007. I will attend that conference and in the mean time I will be scheduling meetings with family members concerning this issue. However, for those with concerns they need to contact me at PAC by mail so the matter can be discussed and they will know how they can help and become more active addressing this issue.
I want to organize a committee, and then work out the tactics we would need to employ that would produce the best results. It is very difficult to do anything if no one will step up. Prisoners have expressed there desire to help, but without the right to vote, or freedom to speak with legislatures or write them they can do nothing, but family members who are outside and that have a legitimate concern should contact PAC concerning this matter, expressing desire to be a part thereof.
Many people write me requesting I contact their family members. Some express disappointment when I do not. It is difficult for me to help, keep myself secured with employment, complete research, deal with other responsibilities to keep PAC operating and my life focussed. If you want the help, then have your family write us at PAC. Express their concerns and willingness to be more involved. With that
I am going to close for now.
Your Comrade in the Struggle,
Frank Ratcliff
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THE OAKHILL LITIGATION
Case #06CV3417 relating to work release at Oakhill has been filed with the Dane County Circuit Court.
The court has ordered the DOC to file a return within 30 days to our writ. The documents were delivered to the Sheriff’s Office for Service of Process . It’s their move. We will keep you informed.
Prison inmate wants personal ad replies
By Declan McCullagh
A Wisconsin prison inmate says he has the First Amendment right to receive printouts of e-mail replies to his online personal ad.
The appeals court says the inmate's lawsuit against the warden of the Green Bay Correctional Institution can proceed.
What happened, according to court documents:
Jevon Jackson is an inmate in Wisconsin's Green Bay Correctional In-stitution, a maximum-security facility.
He's 29 years old, according to an inmate locator service, and has a personal ad page that describes him as "laid back" but also "very ambitious." The ad says that Jackson is incarcer-ated for armed robbery, weapons possession and homicide, and is scheduled for release in 2011. He's also been involved in prison writing pro-jects and has published poetry online.
In 2005, Jackson posted a personal ad on Inmate Connections, which charges between $31 and $57 a year to create and maintain a Web page. The company will print out and forward an e-mail response to the personal ad--called a "hook-up"--to a prisoner through the U.S. mail.
But the Green Bay Correctional Institution refused to deliver Jackson one of his e-mail printouts, citing state regulations explicitly forbidding it. Jackson then invoked the First Amendment in a federal civil rights lawsuit he filed himself against Warden William Pollard and Matthew Frank, the secretary of the Wisconsin Department of Corrections.
A federal district judge ruled that the non-delivery of the Inmate Connections printout was permissible. That decision was based largely on an affidavit from Daniel Westfield, the Department of Corrections security chief.
Westfield claimed that the regulations existed to, first, protect the public from inmates who will "victimize a person that may be susceptible to manipulation from an inmate with criminal intentions." Second, he said, they promoted "efficient management and preserving scarce resources" that would be depleted by the delivery of a possibly large volume of Internet materials or e-mail responding to inmates' Web pages.
As a side note, Wisconsin state regulations permit handwritten responses to Web personal ads, and computer printouts of letters that are not generated in response to personal ads. What's prohibited are printouts of incoming e-mail that are generated by sites like Inmate Connections.
Jackson appealed his loss to the 7th Circuit, where he was met with a warmer welcome. A three-judge panel said that there was enough of a legitimate First Amendment dispute to let this case proceed, threw out the lower court's ruling, and remanded the case for further proceedings.
Excerpts from the opinion by the 7th U.S. Circuit Court of Appeals with case citations omitted:
He also argues that there is a genuine factual dispute over whether the regulations prohibiting inmates from receiving e-mail responses to their personal Web sites are rationally related to the penological interests of protecting the public and preserving prison resources. We review the district court's grant of summary judgment de novo, and examine whether the moving parties--that is, Pollard and Frank--demonstrate that "there is no genuine issue as to any material fact" that they are entitled "to judgment as a matter of law."
The district court, however, erred by granting summary judgment to Pollard and Frank on Jackson's First Amendment claim regarding the non-delivery of the Inmate Connections letter. Inmates retain a First Amendment right to receive information through the mail, but it is a right that can be restricted by prison regulations that are "reasonably related to legitimate penological interests." Although the ultimate burden of persuasion with regard to the unreasonableness of a regulation resides with the inmate, the defendant administrators must "put forward" the legitimate governmental interest alleged to justify the regulation, and "'demonstrate' that the policy drafters could rationally have seen a connection between the policy and (that interest)."
Protecting the general public is a legitimate penological interest, and we afford great deference to prison administrators' "expertise" when they proffer such justifications for prison regulations. But a regulation cannot stand if "the logical connection between the regulation and asserted goal is so remote as to render the policy arbitrary or irrational."
Under these standards, Jackson has raised a genuine issue of material fact as to whether the regulation prohibiting delivery of printed e-mail responses to personal Web pages rationally advances the goal of protecting the public. It is undisputed that DOC regulations allow inmates to: (1) have personal Web pages; (2) receive handwritten correspondence in response to their personal Web pages; receive Internet materials and e-mail unrelated to personal Web pages so long as they are printed on 8 1/2- by 11-inch paper; and (4) communicate with the general public through other pen pal organizations. As Jackson points out, this evidence shows that inmates can potentially manipulate the public: (1) through their personal Web pages; (2) by soliciting and receiving non-electronic responses to those Web pages; (3) by responding to other e-mail deliveries unrelated to personal Web pages; and by otherwise contacting the public through existing pen pal organizations...
Also in genuine dispute is Westfield's conclusory assertion that the regulations preserve prison mail room resources by ensuring a low volume of mail. At least one federal circuit court has rejected this justification on the ground that prohibitions on receiving Internet and e-mail printouts are, by themselves, an "arbitrary way to achieve a reduction in mail volume." Jackson's experience reveals the arbitrariness underlying the regulation at issue here--he received three handwritten responses to his Inmates Connection profile but just one (undelivered) e-mail response. Westfield's unexplained conclusion that allowing hard-copies of e-mail responses to Internet profiles might increase mail volume, while allowing handwritten responses would not, fails to eliminate the factual dispute created by Jackson's personal experience. Under these circumstances, there is a triable issue as to whether banning e-mail responses preserves prison mail room resources in a non-arbitrary manner.
We accordingly...VACATE and REMAND the court's grant of summary judgment as to Jackson's claim regarding the non-delivery of the Inmate Connections letter.
Inmate’s Death in Solitary Cell Prompts Judge to Ban Restraints
By LIBBY SANDER
CHICAGO, Nov. 14 — Shackled to a concrete slab, Timothy Joe Souders spent the final days of his life naked and lying in his own urine, sweating through temperatures higher than 100 degrees in an isolated prison cell.
Mr. Souders, 21, with a history of severe mental illness, died on Aug. 6 after four days in a segregation cell at the Southern Michigan Correctional Facility in Jackson. His death led prison officials to revise restraint policies for unruly prisoners, limiting “top of the bed” restraints to a maximum of six hours.
This week, a federal judge in Kalamazoo, Mich., said the revisions were not enough. Scolding officials for failing to provide adequate treatment to mentally ill inmates, the judge said Monday that the conditions leading to Mr. Souders’s death constituted “torture.”
“You are not coat racks who collect government paychecks while your work is taken to the sexton for burial,” Richard A. Enslen, a senior federal district judge, wrote. “If a patient does not receive necessary medical or psychological services, including medicines and specialty care, it is not his problem, it is your problem.”
Judge Enslen ordered an immediate ban on punitive restraints in three Jackson prisons holding 4,500 inmates. The court has been monitoring those prisons as part of a 1985 consent decree.
Medical experts cited in Monday’s ruling have speculated that Mr. Souders died of dehydration, though an autopsy report is pending.
Russell L. Marlan, a spokesman for the Michigan Department of Corrections, said the department disagreed with the ruling and planned to appeal. Top-of-the-bed restraints, Mr. Marlan said, are “nationally accepted, effective practices in correctional populations.”
“We think the changes we’ve made in regard to these restraints are what is necessary,” he added.
Mr. Souders, who suffered from depression and psychosis and had previously tried to hang himself at a county jail, was serving a sentence for shoplifting, said Paul W. Broschay, who is representing Mr. Souders’s estate in a federal wrongful-death lawsuit against the Department of Corrections.
At his death, Mr. Souders was taking at least six medications for mental disorders.
On July 31, he was transferred to the segregated cell for disobeying orders. Three days later, after slipping out of soft restraints, Mr. Souders was restrained on the concrete slab.
Though Mr. Souders had been scheduled for a transfer to a mental health center after a social worker had found him “floridly psychotic,” the transfer never proceeded, and on Aug. 6, he was pronounced dead.
A court-appointed doctor visiting the prison on Aug. 8 learned of Mr. Souders’s death. The doctor, Robert L. Cohen, wrote in an Aug. 14 letter to Judge Enslen: “No psychiatrist was consulted. No emergency psychiatric evaluation was obtained.”
He concluded that Mr. Souders’s death “was predictable and preventable.”
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"It is also in the interests of a tyrant to keep his people poor, so that they may not be able to afford the cost of protecting themselves by arms and be so occupied with their daily tasks that they have no time for rebellion."- Aristotle
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Prison Glossary
When we go to meetings, we forget that folks who are not involved in prison issues can quickly get lost in the jargon. Therefore, PAC will assemble and have on hand a glossary of prison related terms with their definitions. Please send in your definitions of the following and any other terms, abbreviations, and slang words you think worthy. Thanks
ICE, ICI, PRC, ECRB, MR, MD, PMR, Ad Seg, IMP, TIS, old law, HROP, good time, life, bifurcated sentence, HSU, SHU, boxcar door, back of cell, PAC, AODA, white sheet, ex post facto, long term seg, segregation, the hole, the trap, the yard, camp, nutri-loaf, observation cell, suicide watch, the police, etc., etc.
New Study Looks into Prisoner Parole for Illinois Again
By Marissa Alter
13 News
ROCKFORD -- Illinois looks at ways to keep prison costs down, which may mean abolishing life without parole sentences. Since 1978, criminals serving a life sentence in Illinois have had no chance of being let out. Only those sentenced before then are eligible for parole.
But a state legislature committee report may change that. In March, the Illinois legislature approved a study to look at the state's prisons specifically the elderly and often sick prison population. Winnebago County State's Attorney Paul Logli says, "You get prisoners who're living into their 80's or 90's and they become very ill and they become a medical liability to the state. They're living basically in hospital wards."
That's costing Illinois lots of money, so a new state committee will look at how to deal with older inmates and keep costs down. State Senator Dave Syverson says, "A lot of states are starting to develop geriatric prisons where they're taking those elderly or sick and disabled prisoners and they're putting them together. Some states are getting a little more creative and they are looking at paroling them into nursing homes but they'd be in nursing homes that're strictly for inmates."
That would let the state shift most of the health care costs to the federal government. But another option could just be letting older inmates no longer viewed as a threat out on parole. If that's the case, all criminals sentenced to life since 1978 could get out. Logli says, "I think most prosecutors and police don't really agree with that. If you talk to families of the victims, they don't really agree these people should be getting out."
Logli says victims rights groups will monitor this very closely and are prepared to oppose any legislation that would allow for early release or abolish life without parole.
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"A really efficient totalitarian state would be one in which the all-powerful executive of political bosses and their army of managers control a population of slaves who do not have to be coerced, because they love their servitude.": Aldous Huxley
Milwaukee cop brutality is ‘business as usual’
By Bryan G. Pfeifer
Milwaukee, Wis.
Published Nov 4, 2006 10:47 PM
Local, state, and federal officials, working in concert with influential big business interests, like to portray the Milwaukee police department as “friends of the community.” When a cop makes a “mistake” like shooting someone dead, they all march in lockstep in a well-orchestrated plan to either outright lie about the circumstances, often using racist language or symbolism, or paint the cop as a “bad apple.”
But this is becoming a bigger challenge for them as cops rampage through Arab, Black, Latino and poor white communities beating, harassing and shooting mostly people of color.
Since big business and its political servants have no concrete solutions to the economic and social semi-apartheid conditions in mostly communities of color, cops - often working with other repressive state forces such as the DEA and the FBI - are increasingly being used as savage occupation forces in an attempt to terrorize working class and oppressed people into submission so they don’t resist their conditions.
The Milwaukee police department since its inception has had a long history of oppression in communities of color, and no matter what departmental changes are made, this continues today. Many of the most glaring examples of police terror in Milwaukee, like the Frank Jude Jr. and Ernest Lacy cases, continue to receive national and international attention.
Most recently, 25-year-old Larry Ellis was shot dead by a cop Oct. 23 in Milwaukee’s North Side. The cop said Ellis “charged” at him with a knife and refused to drop it, so he shot him. Just a few weeks prior, a Milwaukee cop killed a still-unidentified 50-year-old man whom the Police Department claims “charged” at cops with knives and refused to drop them. That same morning cops shot a 17-year-old man in the arm after cops from the “Violent Crime Reduction” unit said he tried to ram a squad car with a stolen vehicle.
All of this and more follows a summer of extreme repression for people of color in Milwaukee, where tens of thousands of mostly poor Black youth were issued citations or arrested for so-called “crimes” like staying after posted hours at the lakefront. Reminiscent of “Black codes” and chain gangs, many of these youth - unable to pay often exorbitant fines - are either locked in the viscous cycle of jail and poverty or are working for free or significantly below minimum wage in jails and communities to have their fines “absolved.”
Many of these youth might have had union jobs in local manufacturing plants before imperialist policies such as NAFTA forced them out; or had access to vocational or post secondary education, but these options are now limited as well. The bosses are working fast on downtown rebuilding projects and neighborhood gentrification, but no matter how hard they try, they can’t hide the grinding oppressive conditions of the working class and oppressed in this city - once an epicenter of union manufacturing, now a non-union oasis for transnational corporations and temporary scab services like the Milwaukee-based Manpower Inc., the largest “temporary service” in the world.
The statistics don’t lie. Just a few from the U.S. Census Bureau and various state sources: The Black infant-mortality rate is 19.4 per 1,000 live births, four times the rate of whites; the statewide prison population is well over 50 percent Black while the state’s Black population is 5 percent. W-2, the so-called “welfare reform program,” has devastated whole communities; public-sector unions such as AFSCME are continually under attack by the bosses’ attempts to privatize and/or cut jobs and services; while at the same time corporations continue to receive tens of millions of dollars in tax “incentives” and giveaways paid for by the taxpayer. And of course the U.S. war on Iraq has sucked millions from the city and the baleful effects of Lynde and Harry Bradley Foundation and similar foundations and think tanks are acute city and statewide.
There have been many forms of resistance to these conditions, but the savage beating of Frank Jude Jr. and subsequent acquittal of three white cops by an all-white jury last April have ignited a tinderbox of protest and resistance rooted in the above oppressive conditions.
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Dear family members of the incarcerated
Mr. Alphonso Graham, the inexperienc-ed and newly appointed parole commissioner has been revoking and denying parole for prisoners who had been granted parole from experienced members of the parole board. Mr. Graham’s appointment was a political move on the part of Doyle to appear “tough on crime” before the election, or at least not appear “easy on criminals.” We hope these parole reversals and denials will ease up after the election but we can’t be sure this will happen, and even if it does, many prisoners and their families lives have been impacted just for political posturing.
In the early spring, we would like to do an action at the headquarters of the DOC or at the Capitol with family members and friends of the prisoners who have been abused by the Parole Chair. Not just those who suffered a reversal of parole grant, but by any family member whose loved one suffers at the whim of discretionary parole. Any parole eligible prisoner could be the next victim of heartless abuse for political expedience. We want to send a clear message to the DOC, the parole commissioner, and the Governor that their callousness towards prisoners and their families is not acceptable. Your incarcerated family member has done his/her time, paid the price with his/her freedom and now has family support and is ready to go home.
During the 1970’s in Argentina, thousands of citizens were snatched from the streets and “disappeared.” The mothers and families of these disappeared protested their lost loved ones by quietly carrying a photo of their disappeared loved one. Your loved one has been disappeared too. The system is unaccountable and arbitrary.
We ask that you send us a photo of your disappeared family member and we will make an enlarged copy of it and send your original photo back to you. We would like you to carry these enlarged photos of your disappeared family members at the DOC’s headquarters and Capitol. We will be sure to invite the press to this demonstration. We will demand accountability and transparency. No more games with our loved ones lives.
We plan on this being a legal and peaceful demonstration. We are going to arrange transportation from Milwaukee to Madison and back. We don’t want, in any way, for you to feel unsafe or threatened. We understand that you and your family members are already under plenty of stress. We hope to help you in any way we can to bring this chapter in you family’s life to a close.
Two months have passed since we last spoke and it seems as though nothing has happened. We have a few new legislators and some new faces in Government but the more things change, the more they remain the same. Doyle and Green were tripping over each other during the campaign each posing as tougher on crime. During the televised debates, neither would address the issue of an overcrowded prison system that is growing every day.
The last New Abolitionist presented a list of bureaucrats and functionaries that we suggested you write to every week. Don, one of our readers wrote back with a needed dope slap. He said that writing these people is actually disem-powering as it confirms our status in the hierarchy; it reenforces the power structures and buys into the illusion that reform is desirable. He also sent along a quote from a 1970’s French anti-prison group that carried out many daring tactics: “Reform is the continuation of repression by other means, it increases the efficacy of social control.”
We appreciate Don’s reality check. Sometimes we get so caught up in fighting the inhumanity inherent in the prison system that we begin to think that any curbing of the brutality is a success. The truth of the matter is, even talking to the oppressor is a concession that degrades us.
Don’s point is that we have allowed the dominant morality (which is imposed by the ruling class) to shape our reality. Morality, religious doctrine and laws are transitory concepts serving the needs of the dominant culture and are used as a cudgel to bang the poor into compliance. Drug prohibition is used to ensnare the poor in “laws” that legitimate their oppression. Morality pressures the poor to comply with “social norms” which are really no more than the ingrained acceptance of the hierarchical structures. The primary function of morality in modern society is to protect the property and being of the wealthy.
It’s a real pleasure to have the security of a subscription base. More than 150 prisoners and/or family members have sent their financial support. Please continue to tell other comrades to send in support. We need more members. Not just to continue the newsletter; the newsletter is just a tool for a bigger project. Perpetuating the newsletter is not the goal and fund raising is a distraction that we would rather not deal with. Our goal is to build a solid base of active members who can pressure the powers that be.
Our good comrade Frank R. is out and full of ideas and positive energy. Despite his lifelong battle with the (in)justice system, he remains an optimist. He’s received great support and this will help him stay out of prison despite all the traps and hurdles set by the DOC and society. He’s described his first few weeks on page 2.
Comrade MoSo has sent us a more sobering perspective. He too wants to dispel the illusions of false hope. He sees no future in appealing to the courts as they are stacked against the poor. Our hope lies in the legislature.
We’ve included a few court decisions that went our way. They’re not “big class actions,” but they may represent a change in the tolerance level of abuse the courts have allowed. The 7th Circuit Court has compared WSPF to a Soviet gulag. Abu Ghraib might be a better comparison. A Federal Judge in Kalamazoo recognized torture too.
The decision as to whether the WSPF Settlement Agreement will continue, and whether the court will continue to over-see the institution will be argued on Feb. 5 -8, 2007. The 7th Circuit decision will not help the DOC and they are already in “damage control” mode, claiming that conditions have changed. Hmmm, and why should we believe you now? Judge Crabb has never visited WSPF. We think she should drop in unannounced one day
Ty Schissel has gotten a grand jury convened, looking into allegations of corruption at Stanley, the inconsistent evaluations for parole consideration, the classifying of inmates (max, med, min) and their placement, also, the department's refusal to provide information when requested under the open records laws. He has also filed suit against the former head of the parole commission and the director of inmate placements. His outside support was key to this “success.” We’ll follow this closely.
We have received more letters from guys who had been recommended for parole by a commissioner only to have the rug pulled out from under their feet by Alphonso Graham. We were planning a march in front of Graham’s home but weather and the lack of sidewalks in his cul-de-sac subdivision caused us to rethink this plan. The idea of embarrassing these people in front of his neighbors is one that we will continue to keep in our arsenal of tactics. Bill Lueders of the Isthmus in Madison wants to do a story on this parole abuse but needs a prisoner who comes from Madison. Nearly all the letters we’ve received are from guys in Milwaukee, so if you know of a Madisonian who has been abused by Graham, have them write our office. Gil Halsted of Wisconsin Public Radio wants to do another story on this and we’ve been helping him with research.
Frank R. and Frank V. were on WORT radio November 2nd. The call in show is called A Public Affair, hosted by Barbara Golden. We put it out there pretty well but the hour went by too quickly. We’re looking at the possibility of a monthly show devoted to prison issues called, The War at Home.
In September we wrote about our good friend Dawud Bracey who had fallen off the radar screen. As the newsletter went to print, word came that he had been killed by the Sauk Co. police. No matter what story you may have heard, Dawud was a good man, a devoted husband, a loving father, a devout Muslim, and active in the cause. He had endured a string of lousy jobs. He had tried to do all the “right” things. He suffered the internal despair of not being able to provide for his family. He was pushed over the edge by a cruel and heartless culture that punishes when it should help, that hates when it should love, and that kills when it should nourish. Peace to Dawud, we miss him.
in solidarity, PAC
My Journey from Prison to Home
by Frank Ratcliff
The experience of my release has been most rewarding. I am fortunate enough to have a great support team, that consists of peers, family members and friends.
Within 11 days I had secured both a part-time and full-time job and met more people than I ever had in a single day. My friends, Aggie and Edward, whom I refer to as my adopted parents not only opened there home to me, but their hearts as well, and hosted a coming home party for me, where many friends, supporters and neighbors welcomed me home.
As a result of the party I met a neighbor, whom I refer to as my adopted aunt, Hildegard, who has given me part-time employment. Another of my new neighbors, a former coach for Waunakee, who had some reservation about me and prisoners immediately became my friend, and offers me his unconditional support as do many
other neighbors.
Ed has introduced me to a new hobby, taking photos, and I've become hooked. I now walk the road taking many photos as I enjoy the beauty of the marsh and Gaia, enjoying the freedom of silence with all the beautiful creations that completes nature.
Prior to my release Ed, at St. Benedicts, asked for volunteers to join my support team, to drive me places I would need to go, and a number of people volunteered. I've met all of them and have found loving and caring friends, one a former priest, and two former teachers and Postal Service employees, both name Jeanne. One owns horses and the other manages apartment complexes.
My partner and friend, Frank Van den Bosch and I have appeared on WORT, 89.9 FM. We spoke about issues of reentry and other prison related concerns. We have also hosted a meeting at the Social Justice Center related to prison issues and will be hosting many more.
I attended a MAFAAC meeting concern-ing issues related to racism in schools, and I made the presence of racism known within our prison system, and that schools are failing the Black community and are the source of youths filling our prisons to create employment for those cities which farming no longer can provide an income.
My first Sunday home I attended St. Benedicts, and was welcomed by many people. I was introduced to the congregation by Ed and have found nothing but love and support.
On November 10, 2006, I visited with my partner and his wife who are dear friends and supporters. We hiked the woods and I took many photo's of its history and beauty. Frank, has introduced me to a variety of foods, taking me to ethnic restaurants, and together we attended a book signing, Back From the Dead, by Joan Cheever.
I attended a Holly Near Concert with Ed & Aggie, and we are now preparing to introduce some arts & crafts at the Waunakee Arts & Craft Show. The experience has been most rewarding and has kept me focussed on my goals.
I've had to disassociated myself with past associates and adopted a no tolerance attitude towards any association that might be destructive or inconsistent with the direction I must maintain to remain free and get things done.
I look forward to helping those I left behind while not hurting myself, and those who really want help. Keeping it real does not mean sacrificing one life to make another person comfortable. But it does mean doing what you can to help your fellow men and this I will do, as I can, so far as it doesn’t affect me from living a productive life, or add to the stress and problems I must face.
I am going to close this for now because much work is waiting. I am out and I have not forgotten you, and you must not forget yourself. It is time for you to be real with yourself, and time for you to step up to the plate and take responsibility for your future.
Some people write me requesting I make telephone calls for them to girls and family members. Some have made attempts to call me collect, and some have asked me to help with their case. I am well aware things are needed, but I cannot help in this manner. I cannot afford the cost of collect calls nor the time to make calls to family members, or add more to my struggles than I already have.
Being Real,
Frank
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"The more corrupt the state, the more numerous the laws." -- Tacitus, Roman senator and historian (A.D. c.56-c.115)
OLD LAW UPDATE
There is nothing much to report regarding the Old law Litigation. We are at a point which we need representation, because all the research has been completed. We also are at a point which we need the support of all Old Law Prisoners’ family and friends for the cause.
I have written several Attorneys and await their decision from each. It is sad that there are well over 11,000 inmates who remains in the system under the old law, and only 350 of them have join the struggle, and approximately 100 of them have subscribed for the newsletter to offer support, and many family members
and friends offers no support at all of PAC efforts.
Without the support with a strong demonstration of concerns it is useless for PAC to continue the fight for those who wont fight their cause, or support us.
Each time I reflect on Ohio, PA., Orgeon, and Virginia, states that have won the ex post facto issue related to parole, which is exactly like the situation we face, and seeing the number of people that were involved and support the cause, from prisoner, family of prisoners, friends, and those concerned citizens for justice, and to compare the support to what we have I am taken aback. I wonder if there is much more I can do or is it just people are content with the present situation and circumstances of injustices.
Therefore, I've come to the conclusion to push this matter to seek the answer. I am now preparing to organize speaking events to educate family members regarding this issue in every city we can. To do so, we will need family members, friends, and concerned citizens for justice to contact PAC to arrange an event at their church, homes, etc., where they could invite other concerned persons to hear what we have to say, and get more involved.
Some family members have expressed they will support the cause and we have yet to contact them, but now that I’m out here helping, we will be making those contacts and arranging meetings to address the specific issue.
In Solidarity,
Comrade Frank Ratcliff
NEW WORLD ORDER REQUIRES NEW WAY OF THINKING
Dear PAC Readers,
I'm writing this article to hopefully raise our level of consciousness to the struggle most of us face and to make you aware of who your enemy is. I also receive many letters from many prisoners requesting assistance in their endeavors, where they are still stuck in this frame of mind of filing these big class action law suits that's gonna change or help in their conditions of confinement or expose some great injustice in the system. Those days are over. The last of those type cases was that of Jones-El V. Berge. And even that, was one of the last in the country and was not suppose to happen.
There has been a underground conspiracy since the late 1970's by this group of White Supremist clothed in a political garb of the Right wing Republican Party and "Christian Coalition groups" that set into play a take over of the political system and put members of their conspiracy into key positions of power. We are witnessing the results of this conspiracy by the war, World Trade Center attack, the Welfare Reform, tough on crime, war on drugs, etc., etc. All these events and policies were planned to reduce the population of what's referred to as the "Useless Eaters" or "Non-producers". So to accomplish this, they had to convince the people to give up their Constitutional Rights. Just, as Hitler did in Nazi Germany. This "Document" stands in their way and is a source of frustration. This is why rather than just using blunt force, which they wish they could do, they have to resort to deception, lies and tricks to convince the people they are the good guys and what they are doing is Right and Godly. So in carrying out this conspiracy to control the Government and Political process, the first thing they did was conspire to take over the Judicial System. So they formed a group called the" Federalist Society" which compiled a list of Judges that showed promise to be the most extreme right wing and racist and unprincipled they could find and made arrangements to get them appointed to the highest Judicial appointments in both State and Federal Courts. This mission was recently completed with the most recent appointments to the United States Supreme Court of Alito and Roberts. So the poorer classes must now accept the fact that all avenues to seek Justice from these traditional branch of government, is over. There may be a few "Old School" real judges left, where some justice may be obtained in case by case basis. But in the big scheme of things, the Courts are closed. These people now on the bench are nothing more than "hit men" who are there to block you from obtaining any relief. This includes from your personal criminal convictions to prison conditions or Constitutional violations. If you show a law has been violated that will help you, their job is to change it and protect their government.
Most everyone still has this old way of thinking, that their case is different. That their case is stronger so that they will get justice and succeed where others have not. It’s this kind of thinking that keep us separated and un-unified. Everyone only see this struggle through their own individual case or situation and think it’s special. Well it ain’t, these people, your enemies, have completed their mission of stacking the Court System with these "Hit men" and they will be there for the duration of our life time, as they are appointments.
So our only avenue still open, is the Legislative body, or Political arena. It is through the Governors Office that, if you have enough political support, you can get your sentenced reduced by a commutation of your sentence. Or if you have been wrongly convicted, you can get a pardon or clemency. Even the Wardens of the prisons, are appointed by the Governor, so they are political appointees, so its through the political arena that you can get things changed for the better. So the problem is, you have to get out of this old way of thinking that it is the Court System that is going to save you. Going to the court now is like trying to go to Satan to complain about what one of his Demons have done to you. Your cries only give him laughter. So, your only hope is this last chance to unify in this cause that is now before your face and support this organization that is designed and intended to help you with a bigger and stronger voice in the political arena. We need your friends, family members and loved ones to all form under one fist and can then make some noise and possibly prevent your destruction.
Under the current Status Quo, no judge is gonna give you a Sentence Modif-ication, or reverse your conviction because of some error in your case, or honor the law and grant you relief for some Constitutional violation. The only hope you have to succeed is to change the law to where it is so clear, these fake judges cannot use their positions to undermine it and continue to carry through their evil agenda of completing your destruction. If you want justice, you must join this effort. All you gang bangers, gangsters and big time drug dealers, hopefully by now you realized you have been tricked and deliberately kept ignorant and mislead into walking into these traps. Now is the time to fight the real opposition. So send a copy of this paper to your people and all they have to do is send in their subscriptions so they can start getting informed and we can get this show on the road.
We need NUMBERS. these are the last days.
Word is Life,
One
MoSo,
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Judge rips Supermax as a 'gulag'
Court: Prison's treatment, punishment were cruel
By David Callender
November 15, 2006
A federal appeals court has likened conditions in Wisconsin's Supermax prison to the most punitive "gulags" of the former Soviet Union.
In a stinging 14-page decision, the Seventh U.S. Circuit Court of Appeals questioned whether the treatment of inmates at the Boscobel prison violated constitutional protections against cruel and unusual punishment. Writing for the three-judge panel, Judge Terence Evans described that treatment in the starkest terms.
"Stripped naked in a small prison cell with nothing except a toilet; forced to sleep on a concrete floor or slab; denied any human contact; fed nothing but 'nutri-loaf;' and given just a modicum of toilet papers - four squares - only a few times. Although this might sound like a stay at a Soviet gulag in the 1930s, it is, according to the claims in this case, Wisconsin in 2002," Evans wrote in the opening paragraph of his decision.
The court did not rule on the facts of the case, sending that portion back to be decided by a federal district court in Green Bay. But the judges said that if those facts are true, then the prison violated inmate Nathan Gillis' rights.
At issue in the case is the prison's Behavioral Modification Program, which is aimed at getting problem inmates to obey prison rules. In Gillis' case, prison officials said he did not sleep with his head where guards could see him, which they said was necessary to make sure he was safe.
For violating that rule, Gillis was stripped of his clothes, bedding, and all personal property and fed "nutri-loaf," prison food ground up and formed into a loaf.
Under the rules, Gillis could gradually earn back his clothes and other belongings if he obeyed the rules; if he did not obey the rules, he would remain indefinitely in his cell, naked, alone, and on a cold cement bed. The court ruled that the conditions "had an adverse effect on Gillis' mental stability.
"He heard voices telling him that 'these people were trying to kill him.' He suffered panic attacks, with palpita-tions, shortness of breath, and a feeling that he was going to die. He became suicidal. He inflicted wounds on his body and wrote the words 'help me' in blood on the walls of his cell," Evans wrote.
After guards saw Gillis' wounds, he was transferred to a mental health unit at the prison where he was placed on clinical observation "but the conditions of his confinement did not change," Evans wrote. Evans wrote that unlike other punishments, Gillis was stuck in the Behavioral Modification Program until he completed it - not just until he obeyed the rules.
The program "is different" from other punishments. "It is not simply a natural consequence 'automatically' growing out of a rule infraction. It is much more elaborate," Evans wrote. "An inmate who refuses to put on his trousers can correct the situation immediately by putting them on. In contrast, (prison officials) did not simply take Gillis' blanket away until he conformed with the rule. Once he received notice that he was to be put in the BMP, he had to complete the whole program. He couldn't make it stop."
Many of the conditions of severe deprivation and isolation described in Gillis' case are similar to those recounted in a 2001 class-action lawsuit filed by severely mentally ill inmates at Supermax.
Under a settlement, the state agreed to remove all mentally ill inmates from the prison, but said the use of isolation and deprivation would continue for other inmates.
Inmates are sent to Boscobel, now known under the settlement as the Wisconsin Secure Program Facility, from other prisons if they are violent, disruptive or do not obey prison rules.
Evans noted that it was unclear whether the BMP was still being used.
Gillis, he wrote, contends that the program is still in effect, while prison officials "with notable ambiguity, say that 'although the policy may still be in effect, the BMP program is no longer used'" at the prison.
Gillis' lawyers Pam McGillivray and Ed Garvey argued that if the federal district court sides with their client, the appeals court decision could have national implications on states with similar Supermax programs.
In a statement released today, Department of Corrections spokesman John Dipko said the department's attorneys are still reviewing the decision.
He added, "It is important to note that the issue before the 7th Circuit Court of Appeals was whether there are material disputes of fact between the parties. The 7th Circuit found that material facts are in dispute, and remanded the case to the district court for a trial. We take issue with certain points made by the plaintiffs in the case and will be prepared to state our position in court."
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Robert Jay Lifton, probably the world’s foremost authority on the psychology of genocide, has made it clear, before you can commit any mass atrocity, you must convince others and especially yourself that what you’re doing is not an atrocity, but instead beneficial. Thus, the prison system is not abusing prisoners, it is “modifying behavior.”
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Where justice is denied, where poverty is enforced, where ignorance prevails, and where any one class is made to feel that society is an organized conspiracy to oppress, rob and degrade them, neither persons nor property will be safe. Frederick Douglass
TIS UPDATE
The update regarding TIS is brief. Upon release I've been focussed on transition, and getting more involved with PAC. There has been limited time for access to sources I need to upgrade the information and finalize a decision regarding the legality of TIS.
My desire is to complete this by time of the next newsletter. However, Frank V. and I did attend a MEP meeting in which a forum on TIS was being organized. This TIS forum will be held on February 24, 2007. I will attend that conference and in the mean time I will be scheduling meetings with family members concerning this issue. However, for those with concerns they need to contact me at PAC by mail so the matter can be discussed and they will know how they can help and become more active addressing this issue.
I want to organize a committee, and then work out the tactics we would need to employ that would produce the best results. It is very difficult to do anything if no one will step up. Prisoners have expressed there desire to help, but without the right to vote, or freedom to speak with legislatures or write them they can do nothing, but family members who are outside and that have a legitimate concern should contact PAC concerning this matter, expressing desire to be a part thereof.
Many people write me requesting I contact their family members. Some express disappointment when I do not. It is difficult for me to help, keep myself secured with employment, complete research, deal with other responsibilities to keep PAC operating and my life focussed. If you want the help, then have your family write us at PAC. Express their concerns and willingness to be more involved. With that
I am going to close for now.
Your Comrade in the Struggle,
Frank Ratcliff
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THE OAKHILL LITIGATION
Case #06CV3417 relating to work release at Oakhill has been filed with the Dane County Circuit Court.
The court has ordered the DOC to file a return within 30 days to our writ. The documents were delivered to the Sheriff’s Office for Service of Process . It’s their move. We will keep you informed.
Prison inmate wants personal ad replies
By Declan McCullagh
A Wisconsin prison inmate says he has the First Amendment right to receive printouts of e-mail replies to his online personal ad.
The appeals court says the inmate's lawsuit against the warden of the Green Bay Correctional Institution can proceed.
What happened, according to court documents:
Jevon Jackson is an inmate in Wisconsin's Green Bay Correctional In-stitution, a maximum-security facility.
He's 29 years old, according to an inmate locator service, and has a personal ad page that describes him as "laid back" but also "very ambitious." The ad says that Jackson is incarcer-ated for armed robbery, weapons possession and homicide, and is scheduled for release in 2011. He's also been involved in prison writing pro-jects and has published poetry online.
In 2005, Jackson posted a personal ad on Inmate Connections, which charges between $31 and $57 a year to create and maintain a Web page. The company will print out and forward an e-mail response to the personal ad--called a "hook-up"--to a prisoner through the U.S. mail.
But the Green Bay Correctional Institution refused to deliver Jackson one of his e-mail printouts, citing state regulations explicitly forbidding it. Jackson then invoked the First Amendment in a federal civil rights lawsuit he filed himself against Warden William Pollard and Matthew Frank, the secretary of the Wisconsin Department of Corrections.
A federal district judge ruled that the non-delivery of the Inmate Connections printout was permissible. That decision was based largely on an affidavit from Daniel Westfield, the Department of Corrections security chief.
Westfield claimed that the regulations existed to, first, protect the public from inmates who will "victimize a person that may be susceptible to manipulation from an inmate with criminal intentions." Second, he said, they promoted "efficient management and preserving scarce resources" that would be depleted by the delivery of a possibly large volume of Internet materials or e-mail responding to inmates' Web pages.
As a side note, Wisconsin state regulations permit handwritten responses to Web personal ads, and computer printouts of letters that are not generated in response to personal ads. What's prohibited are printouts of incoming e-mail that are generated by sites like Inmate Connections.
Jackson appealed his loss to the 7th Circuit, where he was met with a warmer welcome. A three-judge panel said that there was enough of a legitimate First Amendment dispute to let this case proceed, threw out the lower court's ruling, and remanded the case for further proceedings.
Excerpts from the opinion by the 7th U.S. Circuit Court of Appeals with case citations omitted:
He also argues that there is a genuine factual dispute over whether the regulations prohibiting inmates from receiving e-mail responses to their personal Web sites are rationally related to the penological interests of protecting the public and preserving prison resources. We review the district court's grant of summary judgment de novo, and examine whether the moving parties--that is, Pollard and Frank--demonstrate that "there is no genuine issue as to any material fact" that they are entitled "to judgment as a matter of law."
The district court, however, erred by granting summary judgment to Pollard and Frank on Jackson's First Amendment claim regarding the non-delivery of the Inmate Connections letter. Inmates retain a First Amendment right to receive information through the mail, but it is a right that can be restricted by prison regulations that are "reasonably related to legitimate penological interests." Although the ultimate burden of persuasion with regard to the unreasonableness of a regulation resides with the inmate, the defendant administrators must "put forward" the legitimate governmental interest alleged to justify the regulation, and "'demonstrate' that the policy drafters could rationally have seen a connection between the policy and (that interest)."
Protecting the general public is a legitimate penological interest, and we afford great deference to prison administrators' "expertise" when they proffer such justifications for prison regulations. But a regulation cannot stand if "the logical connection between the regulation and asserted goal is so remote as to render the policy arbitrary or irrational."
Under these standards, Jackson has raised a genuine issue of material fact as to whether the regulation prohibiting delivery of printed e-mail responses to personal Web pages rationally advances the goal of protecting the public. It is undisputed that DOC regulations allow inmates to: (1) have personal Web pages; (2) receive handwritten correspondence in response to their personal Web pages; receive Internet materials and e-mail unrelated to personal Web pages so long as they are printed on 8 1/2- by 11-inch paper; and (4) communicate with the general public through other pen pal organizations. As Jackson points out, this evidence shows that inmates can potentially manipulate the public: (1) through their personal Web pages; (2) by soliciting and receiving non-electronic responses to those Web pages; (3) by responding to other e-mail deliveries unrelated to personal Web pages; and by otherwise contacting the public through existing pen pal organizations...
Also in genuine dispute is Westfield's conclusory assertion that the regulations preserve prison mail room resources by ensuring a low volume of mail. At least one federal circuit court has rejected this justification on the ground that prohibitions on receiving Internet and e-mail printouts are, by themselves, an "arbitrary way to achieve a reduction in mail volume." Jackson's experience reveals the arbitrariness underlying the regulation at issue here--he received three handwritten responses to his Inmates Connection profile but just one (undelivered) e-mail response. Westfield's unexplained conclusion that allowing hard-copies of e-mail responses to Internet profiles might increase mail volume, while allowing handwritten responses would not, fails to eliminate the factual dispute created by Jackson's personal experience. Under these circumstances, there is a triable issue as to whether banning e-mail responses preserves prison mail room resources in a non-arbitrary manner.
We accordingly...VACATE and REMAND the court's grant of summary judgment as to Jackson's claim regarding the non-delivery of the Inmate Connections letter.
Inmate’s Death in Solitary Cell Prompts Judge to Ban Restraints
By LIBBY SANDER
CHICAGO, Nov. 14 — Shackled to a concrete slab, Timothy Joe Souders spent the final days of his life naked and lying in his own urine, sweating through temperatures higher than 100 degrees in an isolated prison cell.
Mr. Souders, 21, with a history of severe mental illness, died on Aug. 6 after four days in a segregation cell at the Southern Michigan Correctional Facility in Jackson. His death led prison officials to revise restraint policies for unruly prisoners, limiting “top of the bed” restraints to a maximum of six hours.
This week, a federal judge in Kalamazoo, Mich., said the revisions were not enough. Scolding officials for failing to provide adequate treatment to mentally ill inmates, the judge said Monday that the conditions leading to Mr. Souders’s death constituted “torture.”
“You are not coat racks who collect government paychecks while your work is taken to the sexton for burial,” Richard A. Enslen, a senior federal district judge, wrote. “If a patient does not receive necessary medical or psychological services, including medicines and specialty care, it is not his problem, it is your problem.”
Judge Enslen ordered an immediate ban on punitive restraints in three Jackson prisons holding 4,500 inmates. The court has been monitoring those prisons as part of a 1985 consent decree.
Medical experts cited in Monday’s ruling have speculated that Mr. Souders died of dehydration, though an autopsy report is pending.
Russell L. Marlan, a spokesman for the Michigan Department of Corrections, said the department disagreed with the ruling and planned to appeal. Top-of-the-bed restraints, Mr. Marlan said, are “nationally accepted, effective practices in correctional populations.”
“We think the changes we’ve made in regard to these restraints are what is necessary,” he added.
Mr. Souders, who suffered from depression and psychosis and had previously tried to hang himself at a county jail, was serving a sentence for shoplifting, said Paul W. Broschay, who is representing Mr. Souders’s estate in a federal wrongful-death lawsuit against the Department of Corrections.
At his death, Mr. Souders was taking at least six medications for mental disorders.
On July 31, he was transferred to the segregated cell for disobeying orders. Three days later, after slipping out of soft restraints, Mr. Souders was restrained on the concrete slab.
Though Mr. Souders had been scheduled for a transfer to a mental health center after a social worker had found him “floridly psychotic,” the transfer never proceeded, and on Aug. 6, he was pronounced dead.
A court-appointed doctor visiting the prison on Aug. 8 learned of Mr. Souders’s death. The doctor, Robert L. Cohen, wrote in an Aug. 14 letter to Judge Enslen: “No psychiatrist was consulted. No emergency psychiatric evaluation was obtained.”
He concluded that Mr. Souders’s death “was predictable and preventable.”
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"It is also in the interests of a tyrant to keep his people poor, so that they may not be able to afford the cost of protecting themselves by arms and be so occupied with their daily tasks that they have no time for rebellion."- Aristotle
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Prison Glossary
When we go to meetings, we forget that folks who are not involved in prison issues can quickly get lost in the jargon. Therefore, PAC will assemble and have on hand a glossary of prison related terms with their definitions. Please send in your definitions of the following and any other terms, abbreviations, and slang words you think worthy. Thanks
ICE, ICI, PRC, ECRB, MR, MD, PMR, Ad Seg, IMP, TIS, old law, HROP, good time, life, bifurcated sentence, HSU, SHU, boxcar door, back of cell, PAC, AODA, white sheet, ex post facto, long term seg, segregation, the hole, the trap, the yard, camp, nutri-loaf, observation cell, suicide watch, the police, etc., etc.
New Study Looks into Prisoner Parole for Illinois Again
By Marissa Alter
13 News
ROCKFORD -- Illinois looks at ways to keep prison costs down, which may mean abolishing life without parole sentences. Since 1978, criminals serving a life sentence in Illinois have had no chance of being let out. Only those sentenced before then are eligible for parole.
But a state legislature committee report may change that. In March, the Illinois legislature approved a study to look at the state's prisons specifically the elderly and often sick prison population. Winnebago County State's Attorney Paul Logli says, "You get prisoners who're living into their 80's or 90's and they become very ill and they become a medical liability to the state. They're living basically in hospital wards."
That's costing Illinois lots of money, so a new state committee will look at how to deal with older inmates and keep costs down. State Senator Dave Syverson says, "A lot of states are starting to develop geriatric prisons where they're taking those elderly or sick and disabled prisoners and they're putting them together. Some states are getting a little more creative and they are looking at paroling them into nursing homes but they'd be in nursing homes that're strictly for inmates."
That would let the state shift most of the health care costs to the federal government. But another option could just be letting older inmates no longer viewed as a threat out on parole. If that's the case, all criminals sentenced to life since 1978 could get out. Logli says, "I think most prosecutors and police don't really agree with that. If you talk to families of the victims, they don't really agree these people should be getting out."
Logli says victims rights groups will monitor this very closely and are prepared to oppose any legislation that would allow for early release or abolish life without parole.
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"A really efficient totalitarian state would be one in which the all-powerful executive of political bosses and their army of managers control a population of slaves who do not have to be coerced, because they love their servitude.": Aldous Huxley
Milwaukee cop brutality is ‘business as usual’
By Bryan G. Pfeifer
Milwaukee, Wis.
Published Nov 4, 2006 10:47 PM
Local, state, and federal officials, working in concert with influential big business interests, like to portray the Milwaukee police department as “friends of the community.” When a cop makes a “mistake” like shooting someone dead, they all march in lockstep in a well-orchestrated plan to either outright lie about the circumstances, often using racist language or symbolism, or paint the cop as a “bad apple.”
But this is becoming a bigger challenge for them as cops rampage through Arab, Black, Latino and poor white communities beating, harassing and shooting mostly people of color.
Since big business and its political servants have no concrete solutions to the economic and social semi-apartheid conditions in mostly communities of color, cops - often working with other repressive state forces such as the DEA and the FBI - are increasingly being used as savage occupation forces in an attempt to terrorize working class and oppressed people into submission so they don’t resist their conditions.
The Milwaukee police department since its inception has had a long history of oppression in communities of color, and no matter what departmental changes are made, this continues today. Many of the most glaring examples of police terror in Milwaukee, like the Frank Jude Jr. and Ernest Lacy cases, continue to receive national and international attention.
Most recently, 25-year-old Larry Ellis was shot dead by a cop Oct. 23 in Milwaukee’s North Side. The cop said Ellis “charged” at him with a knife and refused to drop it, so he shot him. Just a few weeks prior, a Milwaukee cop killed a still-unidentified 50-year-old man whom the Police Department claims “charged” at cops with knives and refused to drop them. That same morning cops shot a 17-year-old man in the arm after cops from the “Violent Crime Reduction” unit said he tried to ram a squad car with a stolen vehicle.
All of this and more follows a summer of extreme repression for people of color in Milwaukee, where tens of thousands of mostly poor Black youth were issued citations or arrested for so-called “crimes” like staying after posted hours at the lakefront. Reminiscent of “Black codes” and chain gangs, many of these youth - unable to pay often exorbitant fines - are either locked in the viscous cycle of jail and poverty or are working for free or significantly below minimum wage in jails and communities to have their fines “absolved.”
Many of these youth might have had union jobs in local manufacturing plants before imperialist policies such as NAFTA forced them out; or had access to vocational or post secondary education, but these options are now limited as well. The bosses are working fast on downtown rebuilding projects and neighborhood gentrification, but no matter how hard they try, they can’t hide the grinding oppressive conditions of the working class and oppressed in this city - once an epicenter of union manufacturing, now a non-union oasis for transnational corporations and temporary scab services like the Milwaukee-based Manpower Inc., the largest “temporary service” in the world.
The statistics don’t lie. Just a few from the U.S. Census Bureau and various state sources: The Black infant-mortality rate is 19.4 per 1,000 live births, four times the rate of whites; the statewide prison population is well over 50 percent Black while the state’s Black population is 5 percent. W-2, the so-called “welfare reform program,” has devastated whole communities; public-sector unions such as AFSCME are continually under attack by the bosses’ attempts to privatize and/or cut jobs and services; while at the same time corporations continue to receive tens of millions of dollars in tax “incentives” and giveaways paid for by the taxpayer. And of course the U.S. war on Iraq has sucked millions from the city and the baleful effects of Lynde and Harry Bradley Foundation and similar foundations and think tanks are acute city and statewide.
There have been many forms of resistance to these conditions, but the savage beating of Frank Jude Jr. and subsequent acquittal of three white cops by an all-white jury last April have ignited a tinderbox of protest and resistance rooted in the above oppressive conditions.
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Dear family members of the incarcerated
Mr. Alphonso Graham, the inexperienc-ed and newly appointed parole commissioner has been revoking and denying parole for prisoners who had been granted parole from experienced members of the parole board. Mr. Graham’s appointment was a political move on the part of Doyle to appear “tough on crime” before the election, or at least not appear “easy on criminals.” We hope these parole reversals and denials will ease up after the election but we can’t be sure this will happen, and even if it does, many prisoners and their families lives have been impacted just for political posturing.
In the early spring, we would like to do an action at the headquarters of the DOC or at the Capitol with family members and friends of the prisoners who have been abused by the Parole Chair. Not just those who suffered a reversal of parole grant, but by any family member whose loved one suffers at the whim of discretionary parole. Any parole eligible prisoner could be the next victim of heartless abuse for political expedience. We want to send a clear message to the DOC, the parole commissioner, and the Governor that their callousness towards prisoners and their families is not acceptable. Your incarcerated family member has done his/her time, paid the price with his/her freedom and now has family support and is ready to go home.
During the 1970’s in Argentina, thousands of citizens were snatched from the streets and “disappeared.” The mothers and families of these disappeared protested their lost loved ones by quietly carrying a photo of their disappeared loved one. Your loved one has been disappeared too. The system is unaccountable and arbitrary.
We ask that you send us a photo of your disappeared family member and we will make an enlarged copy of it and send your original photo back to you. We would like you to carry these enlarged photos of your disappeared family members at the DOC’s headquarters and Capitol. We will be sure to invite the press to this demonstration. We will demand accountability and transparency. No more games with our loved ones lives.
We plan on this being a legal and peaceful demonstration. We are going to arrange transportation from Milwaukee to Madison and back. We don’t want, in any way, for you to feel unsafe or threatened. We understand that you and your family members are already under plenty of stress. We hope to help you in any way we can to bring this chapter in you family’s life to a close.
posted by F. at 5:51 PM
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