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arizonaprisonwatch.blogspot.com

Margaret J. PleArizona Prison Wat

PO Box 204Phoenix, AZ 850

arizonaprisonwatch@gmail.c

(480) 580-68

"Our strategy should be not only to confront empire, but to lay siege to it. To deprive itoxygen. To shame it. To mock it. With our art, our music, our literature, our stubbornneour joy, our brilliance, our sheer relentlessness, and our ability to tell our own stories..."

- Arundhati Roy

August 2013

AZ State Prisoners:

This is an update to the October PC letter I put out - though not much has changed. All of you Im addressing right now areapplying for protective custody - or have been turned down and will need to appeal or apply again. All that will really do is keep

you in detention longer, though, and may result in more tickets for refusing to house. Theres a logjam in the system - the PC yaare full and the DOC isnt approving anyone right now, that I can tell, without an attorney on board - or otherwise, the clear abilto fight them. I've heard from hundreds of you and many of your families - in the past nine months alone. If it's not the gangsthe yards extorting you, it's people out here doing it who won't help unless you pay them to. Well, I'm here to help you fight bac

Now, don't be mistaken about me I'm no thug-hugger, and many of you on the outside would probably hate me for all Irepresent. I form alliances based on common values and goals, not common enemies or uniforms. I want liberation for everyonnot just a select few. I'm a queer anarcha-feminist, which means I'm also anti-colonialist, pro migrant justice, and a prisonabolitionist. That last thing means I don't want to spend all my energy trying to reform the system to make it less odious for therest of us to tolerate I want to dismantle it altogether.

But that happens one brick at a time, and will require everyone's assistance. None of you will be much good to the movement ifyou're broken or dead, though we need your voices in this, too, but when I looked into the prisons to find you I saw so many oyou are in too much danger to pay attention. Basically, as I see it, giving you the tools you need to wage some kind of meaningfuresistance to the state's deliberate indifference to your right to life is an investment in getting you to someday help us build a mo

just world.

If you appreciate that someone out here cares and want to give back, be sure you've spent this time owning your own shit andmaking amends to those you've harmed, first. Some of you are so burdened with shame that you make yourselves easy targets fothugs in orange and brown alike. If you feel bad about things you've done, take responsibility for them and make sure you becomthe kind of human being who won't repeat those same mistakes.

Begin now becoming the person you really wanted to be, instead, in your relationships with others practice that on otherprisoners right now. Become the guy who is known for being thoughtful, not reactionary, and for being strong enough to refuse be brutal to the weak, when that would be so much easier. Become someone who can navigate the system to help others accesshealth care, file grievances, and promote more humanity and unity in that foxhole you all share. Be known for your patience,humility, and wisdom, not your hot head and vile mouth (oh, if I could only practice more of what I preach!)

Most of all, if you are hiding in shame right now, become someone you are proud of, so when others say you're a piece of shit forthis or that reason, you can stand tall and tell them they don't know you or have any right to judge you, and to fuck off. Just don'tstand around and wait to be smashed have an exit plan for confrontations like that.

If you have cultivated relationships with other prisoners over time based on the above kinds of traits, they will begin to back youup because they respect who you are, rather than judge you for who you once were. The guys judging you have done their ownshare of bullshit themselves, too, and if you push back against that shit, you might just be surprised who backs down.

While you're sitting in the hole wondering how to convince DOC not to throw you to the wolves, don't think you can make thinbetter for yourself by throwing someone else under the bus. I promise you it will do you no good to give up information that mayhurt others, and only helps the state. If I thought they would actually protect the more vulnerable prisoners from harm by actinon such intelligence, then I might provide it to them myself. But all they do is punish the victims anyway (to keep them fromspilling the beans that Chuck Ryan has lost all control), and use allegations to justify more violence of their own, like TSUshakedowns, building more Supermax cells, validating prisoners on evidence and hearsay that can't be challenged for the STG

mailto:arizonaprisonwatch@gmail.commailto:arizonaprisonwatch@gmail.com

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dungeon, and so on. That's not to say don't report when you are assaulted, especially if you are raped. Just don't expect the statereward you for doing so, and make sure that if you're identifying someone for them to go after, you are doing so as a stand agains

violence, rather than serving as a tool in the state's war on your fellow prisoners.

Dont expect a letter from me to Central Office to win your argument for you, by the way having me on your side won't alwaysplay in your favor with them. In fact, it could be a kiss of death, so think of me as a last resort if you have no one out here who cacall me to learn how to help you in your struggle. I cant step in the ring on your behalf, like an attorney can, in any case - if youcant afford one, youll need to do it yourself. Other then send you some material to study, all I can really do is be a witness and teothers - in my blogs and the federal courts, if need be - what transpires in your struggle. But you need that - someone to preserv

and share evidence that DOC administrators and decision-makers are aware of the danger you face, which I need to keep hearinabout in order to communicate to them. I can write about your fight for other pris0ners and their families to learn from, as well.Things have gone desperately awry in the state prisons in recent years, and the larger public needs to know that, too

Before I go any further, though, make sure that if you have ANY way of hiring a professional to help you, do so just ask and I cagive you a starter list of lawyers who have successfully sued the AZ DOC. I'm not even remotely literate in criminal or civillitigation. That said, if youre stuck with me and your own wits, it will be a long uphill fight, from what I see now, and you face thbiggest risks. They may disrupt my work more if I get to be too effective or obnoxious, I suppose, but what you can do through thcourts is more important, so you are the bigger threat, if you can figure this system out. Once informed, you scare Power evensitting quietly in the hole in nothing but your shorts. Remember that.

Most of you have been told you are being denied PS in part because you havent been assaulted yet. I need copies of the denialform the DOC gave you saying that. Ask the librarian for DO 902 - Access to the Courts. Attachments A&B, if I dont send them,

are what you need - ask for the Rights of Prisoners, 4th ed. to start with - its huge, so scroll the table of contents and get thesections you need most. Look for Farmer v Brennan for the standard of indifference in a case about a transgender prisoner. Let mknow if they want to bill you for photo-copies to keep on person, and how you deal with that if youre indigent. Whenever you csend me your paperwork from the DOC refusing to help you access legal materials, please do. Just let me know if youll need itback.

Some of you have been denied PS because DOC asserts that you dont face a documented statewide threat (even though you arebeing persecuted for being gay, or are in trouble with the New Mexican Mafia all over the place). The DOC also likes to say that

your claims are just self-reported, as if you arent under any real threat unless the yard leaders personally sign a written deathwarrant for each of you on gang stationary. Reiterate the realities of life in the AZ DOC the bad guys all have cell phones, sowhile you're restricted from calling your child or dying mother when you want, the guys running the yards have easy access towhatever they can dig up on you from the last yard you PC'd up on, and can send your image and whatever is following you to

every prison in the state in a flash. They communicate better than the DOC does about where you are and where you've been.

Im impressed by the number of those of you who just said no to the racism and violence when invited - or ordered - to join in.Some of you witnessed - and testified to - horrible crimes: that doesnt make you a snitch, in my book - though even snitchesdont need to be silenced with violence. Most of you are in the 805 process for the same reason, though - a yard leader or gangmember checked you out somehow, and for any number of reasons decided you were no good, giving you the choice of 1. leavinthe yard (PCing up) 2. Assaulting someone and joining them or 3. Being assaulted or killed yourself. There are a lot of things

wrong with the logic behind that particular strategy for recruiting gang members, by the way.

According to the yard leaders these days, the police report is the standard by which someone who is otherwise undesirable is abto be identified. The truth is, however, the guy you really need to be worried about took the fifth when he was nabbed by the copand made a sweet deal with the prosecutor later at someone else's expense. I can actually understand the guy who shit his pants

when he was put into cuffs and confronted with his crimes sometimes that just tells you who has a conscience. That whole

method of finding out who can and cant be trusted to share a prison yard with is fundamentally f lawed I think its just anexcuse to put the green light on guys who wont immediately bend to the authority of the gang, and to give the new recruits targepractice.

People interested solely in pursuing their own profit, at whatever cost to others, are sociopaths. That seems to characterize thebehavior of prison gangs, too - they have nothing to do with resisting the state - they strengthen it, instead. The state is all abouits own needs too, not the Peoples but at least it tries to manipulate people into being loyal before it threatens to kill us. Therea show of state defiance by gangs, but they rule the yards with the consent of state power to divide and conquer prisoners - andaddict and terrify you - so you cant effectively mount resistance against your captors for the conditions of your confinement.Otherwise, prisoners would be organizing across race and putting an end to some of the bullshit the DOC perpetrates on you.Those gangs should be showing solidarity with the struggle of prisoners, based on some of their espoused ethics, not adding tothe misery.

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There will come a time when the norm on GP prison yards will be closer to the one you seek in PS, but that will only be after a fig- your fight, not mine. It may be up to you guys, not the state, to undermine the authority of the gangs by providing collective saharbor for others who resist them in the meantime. Just how to do that right now, I dont know. This is not the way it has to be,though. An empire protected by an army of men recruited specifically because they have no integrity is vulnerable to men ofconscience. And the state is vulnerable to those who are armed with knowledge of the law. The way I plan to fight both the gangand the state is by empowering each of you.

Most of you guys have got the first one down - youve already said no to hurting more people or compromising who you are as a

way to survive. You may take a beating in more than one way in prison, but if you survive you can come out of there whole andproud of who you are, nonetheless - which is the only way to win,. The whole goal of prison - from the dehumanization to theconstant threat of violence - is to break you as a potential revolutionary, not make you stronger and more articulate and critical the state upon release to your home communities - which desperately need your help, by the way. Learn to fight by the rules noas practice for when you get home, so you can help your people fight back effectively as well.

Anyway, I respect those of you who have resisted the gangs because you reject their politics and tactics. To those of you who justwant to get out of alive - thats okay too. I will do whatever I can to help you in your struggle not only for personal protection bufor a more safe place for all to do their time. Detention cells and specially designated yards should be reserved for the few thugs in orange and brown alike - who ruin it for everyone, not the other way around. The exile of prison is bad enough punishment -once you get there, GP should be where you guys are free to work, participate in programming, and so on without abuse andharassment following you - not where the real criminals just refine their predatory skills until they get unleashed again on the reof us.

How I can be most helpful, though, in helping to change that culture, is yet to be seen. Be mindful that if you correspond with mand raise a fuss about your rights youll be in the doghouse with the DOC, and if the gangs ever find this letter were all in troubl

with them and the state together - they will reach out and touch me for this, no doubt, so be careful where you let this fall.

As for your fight with the state, heres some of what seems to be helpful - in my unqualified opinion:

Read the actual DOC policies about the 805 process. Follow them to the letter, and go through with an appeal even if you think pointless - thats called exhausting your administrative remedies. This is your chance to inform the people you may ultimately hato sue of the danger against you, and their chance to respond before it results in further harm or goes to court. Give it a good faitheffort on your part, but make your argument a compelling legal one, not an emotional one. And expect at this point to have to gothrough this process several times, at least - PCing up, waiting in detention, being denied and moved to another yard, being

threatened again or assaulted, and beginning the 805 process all over.

Save and collect evidence supporting your claim that you need protection from an identified statewide threat. This includesanything from threatening kites to signed statements by other prisoners willing to testify about real prison life - like how theproliferation of cell phones means that everyone is targeted as a snitch or gay or no good on every yard in the system, now, withdays of arriving. Or how the higher level yards are run by yard leaders, not by the guards, and what evidence you may have that tDOC is well aware of that fact - like a sergeant going out to negotiate your safety directly with a yard leader instead of starting th805 process, or guards making deals with the leaders on the side.

Copies of statements you give the DOC about criminal activity, as well, is evidence that you are in danger - but dont have that stuin your property, or some porter will snatch it and then youll really be in trouble. If the DOC says you need to provide them withcopies of your police reports yourselves and you just cant get them, write down the reference numbers and where they can beobtained and tell them they are responsible for assuring that those are in your 805 file, if they doubt your claims about their

contents, as it isnt safe for prisoners to have them in ones possession in prison.

Build a parallel file of evidence and copies of 805 requests, responses, and appeals with someone you trust out here - preferably loved one who will have standing to sue if you are killed or incapacitated, and will need the evidence you have to do so. Any HNRincident reports, or other documents you have the pertain to harm you sustained as a result of an assault are important too. TheDOC is known for rif ling through property to find and destroy documentation that could be used against them.

Note the dates of major incidents - like assaults or the initiation of your 805 request - as well as locations, the names of officerswho may have obstructed your attempt to file an 805, the names and titles of officials up the chain of command who denied youprotection, names of witnesses to assaults or threats made against you (including doctors who treated you), etc. You will need athat later, if you have to sue in court for your safety.

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Get a copy of the National Lawyers Guild Jailhouse lawyers Handbook. Its not the same thing I send you chapters from - its moof an overview of all the stuff you need to know about fighting for your rights. They will send it to you for $2 (stamps, check,money order). Have a loved one print it from their website, or write to them yourself - they have to mail it directly to you from thNLG:

National Lawyers Guild / 132 Nassau Street, Rm 922 / New York, NY 10038

Have your loved ones write letters to the Department of Corrections making the same kind of legal argument that you do whenyou apply for your 805, showing that they are aware of what evidence you have for your claims, and make sure they send the lett

certified. If they email me I can send them the same materials I send you guys, so they know just what you need to know to fighthe state. Don't confess things to them or me that you don't wan the state to know, though, or we may inadvertently place you atgreater risk.

The best people to include in their correspondence to the DOC appear to be; Charles Ryan, Director; Keith Smith, SecurityOperations, Stacey Crabtree, Offender Services; and the Warden and DW of your prison. They dont need to threaten anyone wia lawsuit right away or make accusations that the DOC is intentionally trying to get you killed - just have them state yourargument clearly, emphasizing the statewide nature of the threat against you and the expectation that you do not have to beassaulted (again) or killed before they take your safety seriously. The address to AZ Department of Corrections is1601 W. JeffersSt., Phoenix, Az 85007.

If they put the following people in the cc (they need to note at the bottom thats what theyre doing so the DOC knows it) andsend us all copies, it may help to at least let the DOC know you have other witnesses, in case something does happen to you:

AZ State Representative Chad Campbell (1700 W. Washington St., Phoenix, Az 85007);Wendy Halloran (AZ Republic/KPNX News 200 E. Van Buren, PHX 85006);

Dan Pochoda, ACLU-AZ (PO Box 17148, Phoenix, AZ 85011);

Let me know each step of the way whats happening, including if anyone is obstructing your efforts to access the 805 process, leginformation or the courts. I cant give you legal advice, per se - youre going to have to find a lawyer for that - but I can send youinformation and ideas if youre going to wing this yourself. If you need the Jailhouse Lawyer chapter on safety still, or info on thePLRA, write to me. If you need info on how to file a civil suit yourself in Arizona, write to the US District Court nearest you, andask how to file a section 1983 complaint on your own behalf - they, not me, know how to do it right:

Sandra Day O'Connor U.S. Courthouse401 W. Washington Street, Suite 130Phoenix, AZ 85003-2118

Evo A. DeConcini U.S. Courthouse405 W. Congress StreetTucson, AZ 85701-5010

If youre waiting for something from me and think I forgot you, write to me again - Im sorry, its not because of anything youvesaid: Im just really swamped, and your letter may have been buried on my desk three weeks ago. If so, only a new one will bring

you back to my attention. If I dont get back to you - if no one from this address does - then the state will have managed to shut down somehow. Hopefully they wont have snatched my computer and files, too, and someone from my end will still be able tofollow up with you. But dont hold your breath if my side goes silent one day - once they come for me, Ill probably be tied up forawhile. Not that Im doing anything criminal - just that the state doesnt like people who help prisoners help themselves.

Thats why its important for you to learn what you can about your legal rights yourselves. People out here arent reliable for onereason or another, and no matter what anyone else does on your behalf, if the state thinks you wont be in a position to actuallyfight for your rights in court, they wont prioritize your safety or welfare. Theyll take all the guys who have lawyers and know wh

theyre talking about first, and put you back in GP for another round or two - or three or four.

So, thats a lot for you to think on. I wish I had better news. Im still developing a new strategy for dealing with this, and will letyou know what other thoughts or resources I come up with if you keep me current with your address. Please keep me posted onyour cases, and watch each others' backs. In any event, dont stop writing, or your stories wont get out. Thats what the DOCwants, is to isolate you again and keep their dirty little secrets in-house. Dont let them win.

Take care,