AZ state prisoners and activists call for DOJ Investigation into rape and gang violence in AZ DOC.

(EDITED to remove sensitive information on June 26, 2014)

NOTE: This is my response to reading  Jan Brewer's May 1, 2014 letter to US Attorney General Eric Holder about Arizona's decision to refuse to comply with the Prison Rape Elimination Act. I actually finished and sent this on June 9, also posting it to the Daily Kos. 

I encourage all prisoners, former prisoners, and families of those presently in the custody of the AZ Department of Corrections to contact Attorney General Holder, as well, with your personal stories related to your safety or that of a loved one  in prison. Now is the time to strike - the feds need to be dragged into this by more than just me. They need to hear all of you calling them out to take some responsibility for neglecting this mess. It's not like this is the first time they have heard from me, anyway...

Please send me a copy of what you write so I can post it here, too.

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chalk art on sidewalk: margaret jean plews

photograph: PJ Starr (phoenix 2011)

Margaret Jean Plews

ARIZONAPRISONWATCH.ORG

PO Box 20494

Phoenix, AZ 85036

480-580-6807

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

- Arundhati Roy

June 7, 2014

The Honorable Eric H. Holder, Jr.
Attorney General, US Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

Dear Attorney General Holder;

I am writing to provide a citizen’s rebuttal of Governor Jan Brewer’s statements of May 1, 2014 in her letter to you regarding the Prison Rape Elimination Act, which grossly misrepresented conditions in the state prison system during her reign. I am also intending this letter to serve as a formal request for a CRIPA Investigation into the pervasive patterns and practices at the Arizona Department of Corrections that place prisoners at exceptionally high risk for sexual victimization and complications from unresolved trauma, especially women, the mentally and otherwise-impaired, and LGBT prisoners.

I am emailing this letter with relevant links embedded, but will also be snail- mailing a copy to you with supporting documents (as well as some of my artwork, memorializing the ghosts of Jan Brewer and Chuck Ryan).

By way of introduction, I am the author/editor of the blog ARIZONAPRISONWATCH.ORG, which I began writing five years ago after the death of prisoner Marcia Powell revealed disturbing practices and attitudes at the Arizona Department of Corrections. My particular concern was the mentally ill women at ASPC-Perryville, at first. I recognized in Marcia’s life story the same elements of the numerous women I had come to know and love in my many years working with people who were trying to survive while homeless, addicted and severely mentally ill in Ann Arbor. I also identified with her - I myself am a recovering alcoholic and addict, and could have landed in prison under draconian drug war and repeat-offender sentencing  had I been caught at any number of things earlier in my life, especially if it was in Arizona (what but a “repeat offender” is an addict, anyway?). I also have bi-polar disorder and a bad attitude when it comes to authority, and could have easily been in Marcia’s cage that day myself.

If you are unfamiliar with the case, Marcia was doing 27 months for a $20 blow job she agreed to give an undercover Phoenix cop one fateful day, and died  in a cage in the Arizona sun in May of 2009, at ASPC-Perryville. That was after an extended “suicide watch” in the 107 degree heat, during which time a prisoner is supposed to be checked on every 10 minutes.  After ignoring Marcia’s pleas for relief for four hours (one guard walked away offering no aid knowing she had even defecated on herself) -  officers eventually noticed she had collapsed from the elements with second degree burns on her body and her organs failing; her core temperature at the hospital still exceeded the ability of thermometers to read it, which only went as high as 108 degrees. Not realizing she had a legal guardian and an adoptive mother, Ryan pulled the plug on her life support before the stroke of midnight - she died shortly thereafter.

 chalk art by margaret j plews                                          photo by PJ Starr

AZ DOC Central Office, Phoenix

(Thanksgiving 2011)

DOC officers never expected that Marcia Powell would die out there because they had just left another woman in that cage for 20 hours 3 days earlier, and she didn’t die. See, Marcia’s death was horrific, but it’s not really shocking that it happened - the only wonder was that the DOC got away with punishing prisoners in the heat that way for so long.

That was less than five months into Charles Ryan’s tenure as Interim Director at the Arizona Department of Corrections, but he had begun disassembling the more rehabilitative and empowering programs his predecessor had implemented and imposing new policies immediately upon taking office. A former DW of Ryan’s alleged to the AZ Attorney General that the change the new director made about how to house cellies resulted in at least two homicides within the first 18 months of his rise to power there.  But Ryan had moved up through the ranks under the more brutal directors whose bullying style of management he appears to have emulated, and thus played a large role for decades in cultivating the policies and ethos at the AZ DOC that are so deeply hostile towards prisoners who exercise their right to not be subjected to cruel and unusual punishment. That tendency to resolve issues with violence or the threat of it trickles down from admin to officers to prisoner, and eventually ignites the flames that can bring a prison to its knees.

The good governor talked about Arizona’s “long traditions” of protecting citizens in custody - wow, is she out of touch. She hasn’t read Prof. Mona Lynch’s “SUNBELT JUSTICE” yet, about the trailblazing role the state has played in implementing draconian sentencing and correctional practices over the past 3 decades - the increase in criminalization for politics and profit that the rest of the country has seen the folly of and begun to abandon.

Its actually because of this state’s long tradition of depriving prisoners both of their rights as well as the most basic tools they need in order to fight for them that the AZ DOC is in such shameful condition now. Arizona’s 1990 constitutional amendment excluding prisoners from the definition of crime victim (and related rights and resources), the Lewis v Casey decision in 1996 eliminating the right of prisoners to access a law library among other things, and the Clinton-era Prison Litigation Reform Act (heavily lobbied for by then DOC Director Terry Stewart) were collectively devastating.

I have volumes of letters that will lead you to both victims and perpetrators of countless civil rights abuses precisely because the grievance procedure on most yards is a sham and the DOC obstructs efforts by prisoners to file suit by creating obstacles - especially for illiterate, Spanish-speaking, and mentally ill or developmentally disabled prisoners. In fact, the DOC has NO POLICIES translated into Spanish, despite nearly 20% of their population being foreign nationals, mostly from Spanish-speaking countries. I’ve been recruiting people to do the translations myself, as this is not a concern of the DOC’s so long as no Spanish-speaking prisoners grieve the lack of Spanish-language policies.

This means that Spanish-speaking prisoners (and other non-English-speakers) apparently need to rely on the skills of untrained staff and fellow prisoners who happen to speak some dialect of Spanish when they need to speak to medical, for example, or appeal a disciplinary action, or grieve their housing assignment. Most just suffer their time in silence.

If prisoners could fight abuse and neglect more effectively themselves, the DOJ and ACLU wouldn’t have to do it for them, and you know it as well as I do, Mr Holder. So does the AZ DOC - they put an extraordinary amount of energy into preventing prisoners from learning to articulate their grievances and use persuasion, negotiation and civil law to effectively change their world. There’s a prisoner petition, of sorts, going around that expresses well the barriers they encounter on their way to the courts while trying to exhaust administrative remedies, and offers some proposed solutions, as I recall. It is worth a look by your people.

As a result of a disempowered prisoner population (and, some argue, extremely weak correctional officers unions in AZ), the state prisons are fire traps, and prisoners often complain they are in decaying facilities with mold growing freely in corners, rats and roaches competing for space with the people, feces and blood smeared on the wall in suicide watch cells, inoperable hot water heaters in the winter and non-existent air conditioning in the summer, and scarcely enough food in the sack-lunch “sedentary diets” given to those in detention, administrative segregation and maximum security to keep them from starving to death. More prisoners are fleeing the violence on the yards than are being punished for perpetrating it.

AZ DOC’s medical and psychiatric care is not just deplorable in its negligence, it’s outright abusive, and the DOC has as much to do with that as any of the other parties involved: Parsons v Ryan was filed before the system was even privatized, after all. When I started blogging on the prisons the only thing one could find about AZ DOC on the internet was pretty much what the state wanted you to see. Now you can easily Google “arizona prison health care” to see how much things got worse when Wexford and Corizon came in to feed off of the sick and dying; Director Ryan has lost control over the department’s squeaky clean public image, among other things. His own well-funded propaganda machine is failing him, as are all levels of management and administration, apparently.

 THE FIREHOUSE, Phoenix AZ

40-foot sidewalk mural memorializing the ghosts of jan brewer...

I met with director Ryan and his classification staff in December of 2013, along with Dianne Post from the NAACP here, the primary author of a lengthy letter to him about gay and trans prisoner safety based on my correspondents.  I don’t think he realized how much of what he and his people had to say was disturbing to the outside observer; some of the documents from that meeting - detailing how serious the need for safety is in the AZ DOC - are in the packet.

According to the DOC, 75% of detention cells are full of guys who are unacceptable to or just plain uncooperative with the racialized gangs running the yards - those are the prisoners I hear the most from. The guys pass my name and addy around the detention cells as they do the 805 dance from prison to prison, because I send them the info they need to fight the DOC - stuff like the Jailhouse Lawyers Handbook. It costs me a few hundred bucks a month in printing and postage to keep up with the need for assistance...but, some people spend their time and money on their gardens or pets or kids - I just happen to be a little eccentric about helping the underdog.  I think its a worthy investment, helping people help themselves.

Those prisoners filling the detention cells while fleeing the violence are either seeking Protective Custody (PC) or being punished for refusing their General Population (GP) housing assignments (with “refusal to house” tickets ) after being denied PC. The guys complaining about the assaults extortion and murders, in fact, are overwhelmingly being denied PC and maxed out (ie their good time and privileges are lost and their classification scores zoom up) on major disciplinary tickets for not doing anything to hurt anyone, while the ones behind the extortion, assaults and murders, drug trade and other evils are still free to dominate the prison yards and dictate the culture - often empowered by corrupt officers who want the gangs to help keep the grievances down on the yard, or to keep the assaults just between prisoners, or who just want to line their pockets to buy a new gun or truck.

I have read the Does v Stewart proposed settlement, by the way, and am well-familiarized with DOC policy - I can assure you that both the Does v Stewart agreement and the DO805 policy are routinely being blatantly violated by administrative staff at Central Office. I can say that with certainty after receiving hundreds of letters from prisoners and half as many more calls from family members over getting folks into safe housing since last winter. I have ample evidence the DOC is denying PC to almost ALL prisoners who seek it without the aid of an attorney or the very expensive assistance of Donna Hamm from Middle Ground Prison Reform.

(She’s done a lot of good work, don’t get me wrong - she just costs a pretty penny.)

Interestingly, Ms. Hamm, who charges a flat fee of $2500 to advocate for PC housing for a prisoner, claims a 85- 90% success rate for her clients, while about that same percentage of all PC requests each month are denied, according to the DOC, leaving hundreds of guys in detention each month awaiting the PC verdict. That alone should raise red flags that the DOC isn’t really using any real criteria when they decide who goes to PC and who goes back to the hole in the next GP yard to try again(or get killed), other than that prisoner’s or their family’s ability to litigate them.

And they don’t do the mental health checks they’re required to do on each guy who is turned down for PC to make sure he doesn’t kill himself out of terror. They can’t possibly meet that demand - Corizon isnt even meeting its minimum mental health care mandates.  Thus, I believe guys are still probably killing themselves in the wake of PC denials, like Rosario Rodriguez-Boroquez did in the fall of 2010. A rape victim in the hole on the same MAX unit in Florence followed in his footsteps a week later. That second prisoner might have been saved had the DOC debriefed affected prisoners, they way they do with staff after suicides, homicides and traumatic deaths of prisoners or staff; correctional “best practices” would suggest they should.

Over the course of the past 12 months I’ve corresponded with approximately 35 gay and transgender prisoners alone, some of whom the Navajo Nation’s Human Rights Commission and the NAACP of Maricopa County  have already contacted the DOJ about (and have heard nothing back). In the fall of 2013 a collective of concerned community members convened to study the data from my queer correspondents and draft a letter to Charles Ryan with concerns about the LGBT population being routinely denied PC by his staff when they seek it, even after reporting to the DOC that they had been sexually assaulted or exploited, extorted or beaten because of their sexual orientation or gender identity (the AZ DOC houses transgender women on GP yards in all-male prisons, FYI). In fact, right now there are several gay and transgender prisoners still in GP who have been trying to get into PC for up to and over a year now, unsuccessfully.

Most recently, one gay prisoner who I had intervened personally for to advocate that he receive PC was denied PC and subsequently raped by his cellie, only to be denied PC again and placed in another GP yard. He had initially sought PC because his crime was widely publicized and the media indicated that his male lover was an accomplice - he was  marked man on the yards, no matter what prison they put him in, and they knew it. That was not only deliberate indifference to his safety, I believe endangering that vulnerable prisoner -repeatedly -  was an act of malice and spite in retaliation for my criticisms of the DOC’s staff who make those decisions. And that, sir, is a federal crime, I believe, for a state agent to do. Mr Ryan cannot be trusted to hold those staff responsible for harming that victim, the only party to his rape - to my knowledge - who sits in a detention cell tonight. My correspondence with Director Ryan and his staff about that case is enclosed in the packet.

Even though the victim in the above case had to be taken to a hospital and rape kit was done, there’s no reason to think the perpetrator will actually be held responsible or that further rapes will be discouraged by how this one will be handled. According to the AZ DOC’s current PREA report as posted on their website, out of 54 alleged “inmate-on-inmate unwanted sexual acts” and 30 alleged “inmate-on-inmate abusive sexual contacts” (I think they mean RAPE!) reported to them in 2012, absolutely none could be substantiated by the DOC’s CIU. Either the entire DOC prisoner population lies about rape and it never really happens in our state, or the DOC has no sincere commitment to either preventing it or responding effectively to it when it occurs.

Why should anyone even report their sexual victimization to the DOC, I’m asked? They end up being labeled as a snitch and sitting in the hole for months on end seeking PC, while the perpetrator gets off scott free to rape again. It’s especially disturbing to prisoners when the perp is a gang leader or enforcer, too - which is too often the case, particularly in re: the exploitation and abuse of transgender prisoners. “PREA reporting” has become a sick joke at the AZ DOC - it only stigmatizes the victim, who too often gets no counseling, nor are they very often placed in protective custody or mental health programs beyond the term of the rape investigation, even though research shows that most prisoners are at exquisite risk for even further victimization and deterioration of their mental status once they are raped the first time.

In addition to the recent example of the prisoner who was deliberately placed at risk by DOC staff with a bone to pick with me, I know of one gay prisoner who was verbally abused expressly for being gay after he reported rape (along the lines of you deserved it you fucking fag), in an incident in which he ended up biting staff while being taken down when he refused to sit on the floor to take more of the abuse. The rape victim got an extra year and half added onto his sentence as a result, and had to beg his judge to tell the DOC to place him in PC before they finally relented and did so. I believe he was more traumatized and harmed (by way of being charged with assaulting the staff) by the DOC’s response to his rape report and request for PC than he was by the actual sexual assault on him in the first place.. He is more than willing to make a statement if you will interview him.

I’m also wondering if the DOC ever reported the suicide of Forrest Day as a potential PREA issue. She had reported to her sister before she died that she was being sexually pressured/propositioned by an officer which she found disturbing, but his identity wasn’t revealed to anyone before she was found hanging in her cell, so he couldn’t be investigated. It no doubt never would have been substantiated anyway - you know how it is, when it comes down to the word of a prisoner against a crooked cop: the bad guys in power always win. So, again, why bother reporting rape in Arizona’s DOC even if PREA was implemented, the prisoners want to know. What would be any different than it is now, in practice, even if the DOC did say they were on board with the feds? The culture is so misogynistic and transphobic that it will take not only re-training, but years of just cleaning house - all those good old boys of Chuck Ryan’s and Terry Stewart’s need to go in order to turn this Titanic around.

That isn’t about to happen if Jan Brewer  is left to her own devices here, though, because she has been unmoved by the needless tragic deaths, the abysmal medical care,  or the DOC’s brutal response to those trying to simply flee the violence - and its not like I haven’t been emailing her staff my blog posts all this time - they know, at least, even if she doesnt. No matter what new atrocity is perpetrated on prisoners at the AZ DOC, Jan stands by her man, and so is either completely fooled by him and sheltered from public opinion, or she is fully aware of all that I’ve told you about, and is flat out lying to you in that May letter. If that’s the case, I’d like to know why they’re so damned determined to keep the DOJ out of their prisons.

Either way, be it due to ignorance or complicity with evil, Jan Brewer has consistently failed to provide any leadership around protecting prisoners - not even the children. She says that Arizona is a “leader” in protecting our most vulnerable people, especially kids and the mentally ill. After all, everything she’s done to improve mental health care and child protection is going to be her legacy - which is truly sad, because she hasnt done much on those fronts short of the medicaid expansion, which was to save the hospitals from going under as much as it was for the good of the poor here.

I dont know if she recalls - or ever even knew - that the last kid to suicide at the Adobe Mountain Detention Center run by the AZ Department of Juvenile Corrections did so after some of the other kids relentlessly bullied him for being gay and mentally ill. It seems the staff didn’t know how to deal with either queer kids or serious mental illness. I hope they do now. Charles Flanagan who took over the AZDJC several years ago, has not invited nearly the scrutiny of his department by me that Ryan has, so he might be doing something right there - or at least not so horribly wrong as his former boss. I’ll be terribly disappointed if he advised the Governor not to comply with PREA as well, though.

What I’m saying here is that Jan Brewer is either deliberately whitewashing the prison picture here, or she just doesn’t know what she’s talking about when it comes to prison rape, plain and simple. I can verify myself that Chuck Ryan knows everything I’ve told you of and more because most of what was reported to me along those lines I passed on to him, personally. I have lots of emails documenting it all.

The problem is that Ryan doesn’t tell the truth about any of this, either - he even insists to the legislature that there’s NO SOLITARY CONFINEMENT practiced at the AZ DOC (that’s just semantics, but the legs accept his answer as evidence that the ACLU is hysterical and over-reacting) -  so you can’t count on him to give you an accurate assessment of whether or not the AZ DOC is doing its job when it comes to protecting prisoners from violence, exploitation,  and rape.

No, Mr. Holder, you really need to come talk to me and the families I work with- not just have the FBI spy on me and my buddies in black. Look at my files and analyze my data yourselves. Visit my correspondents. Chat with former employees like former Eyman DW Carl Toersbijns or former Perryville officer Gary Bullock, former ASPC-Lewis Lieutenant Chuck Bauer, former Corizon employee, Teresa Short, AZ State Representative Chad Campbell, who has called for Ryan’s resignation, or any number of other parties to this disaster who I could introduce you to so you can verify mine and the the prisoners’ accounts of prison conditions and the many assaults on their safety - including sexual assaults and exploitation -  in the AZ DOC.

While you’re at it, subpoena the records from the AZ Corrections and Peace Officers Association - they had thousands of DOC employees sign onto a letter of no confidence in Chuck Ryan to Jan Brewer not two years into his tenure. That letter alleged that, among other things:

“...There exists, within ADOC administration, a well-known pattern of obstructing the disclosure of hazards in time to prevent accidents, injury, illness, and deaths. Tragically, in these instances, danger is not "imminent" - it is past, and too late to respond. Employees are routinely ordered to falsify documents and when they proactively seek to report identified hazards, they face punishment and retaliation. Obtaining an accurate account of the range and extent of violations will be difficult from records alone. It is unlikely that ADOC will disclose information without well-planned intervention by authorities.”

These are strikingly similar to the allegations that prisoners make, which are often dismissed as  “unsubstantiated”. The Governor completely ignored the union’s letter, by the way, so its not the credibility of the source that's really the issue - it’s simply a critique she doesn’t want to hear.

In addition to the letters I get from current AZ DOC prisoners, I’ve reviewed hundreds of  death reports since the the start of the current administration. I call tell you that prisoners routinely die of both indifference and  outright abuse here, and Charles Ryan’s DOC sometimes uses their Criminal Investigations Unit to cover up homicides they didn’t feel like pursuing or listing for the feds as such.  Like PC and SP. The AZ DOC’s inspector general’s office didn’t even have the decency to tell PC's mother that his death was more likely than not a homicide, instead of a suicide. They just left her believing her child had taken his life. Fortunately, PC’s mom never bought it and had her own autopsy done - which revealed that there was plenty of evidence he was murdered the DOC never even bothered to look at...

I dont know if the CIU is corrupt or just has an irresponsible ethos that has no regard for the survivors of victims of violence in their custody. Maybe they are all just lazy - though I suspect the Ryan administration calculated that they would be more liable to a mother whose child was murdered instead of one whose child committed suicide in custody, and decided that if she wasn’t going to sue over  a suicide, they better not tell her it was murder, or someone will start to dig...

In any case, the DOC can’t be trusted to investigate themselves and be forthright with their discoveries, and the ACLU is already busy with the health care and psychiatric concerns, including the abuse of solitary confinement for mentally ill prisoners. That’s why we need the feds in on this matter of prisoner safety and prison rape now. Charles Ryan’s Criminal Investigations Unit has no credibility with the prisoners, the staff, or the advocates who know what’s going on in there. Nor do his media and legislative liaisons - they outright lie to the public and elected officials about the heinous behavior of their employees and the corporate jackals who feed off the imprisoned population. Just ask the journalists who have been covering the DOC under Ryan’s tenure - like KPNX’s Wendy Halloran, who won an Emmy for pursuing the truth about the suicide of Tony Lester, or the AZ Republic’s Bob Ortega, who did a fantastic series on “Arizona’s Other Death Row” - that is, the mainstream prison population, which he noticed was dying by suicide, drug overdose, and homicide at unusually high rates after Ryan had been in charge for awhile.

I once had a contact at the DOJ’s Special Litigation Section - Aaron Zisser. I even sent him all the death records my mother bought from the AZ DOC for me to analyze. But I think Special Litigation abandoned AZ awhile ago, perhaps thinking the ACLU et al have it covered. Not hardly.  And Ryan knows no one will hold him accountable for prison rape if the feds don’t - just look at his annual reports. For the past two years in the Five-Year Plans, Director Ryan has managed to invisibilize rape victims in his custody - its not even an institutional goal to reduce the incidence of sexual assaults in the prisons anymore, much less a priority.

Do you understand where I’m coming from here, Mr Holder?

(section edited out)

By the way, Arizona’s sole Protection & Advocacy authority, the AZ Center for Disability Law, won’t help or visit or investigate abuse reports from SMI prisoners under any circumstances. It appears that they only joined Parsons v Ryan in name because they were coerced into doing so. Now, they are the only ones in this state with the authority to get into those prisons on demand to see disabled individuals reporting abuse, and yet they adamantly refuse to exercise it. Is that legal, for a P&A agency to flat out discriminate against an entire population of disabled people solely because the institution housing and abusing them is a prison or jail, instead of a school or a nursing home? If they refuse to exercise that authority, another agency should be identified that will do so, and should be funded to do so. That’s got to be unconstitutional.

Along those lines, I want to quote from a letter I received from the women’s prison just yesterday - this is from (a prisoner) on Death Row, in a building where other maximum security prisoners - like the mentally ill - are held as well. She (wrote) despite risking retaliation from the state because she is so troubled by what she’s hearing and is afraid the women who cry and plead all day and night are too mentally impaired, traumatized, and intimidated to know how to get help themselves via the grievance process and courts…

“They have watch cells below us and I’m very concerned about our mentally ill being pepper-sprayed and drug around naked by male guards and videoed by male guards over the simplest issue. They yell at the mentally ill, scare them. then when they don’t comply (usually strip out) they spray them. They are forced to strip out 3-4 times a day with male guards walking all over. I hear some of them crying “I don’t want to get naked”. I understand security, but not these measures on the mentally ill…”

That sounds like a violation of the agreement the DOC made with the AZDOC some 15 or so years ago to keep a sexual harassment/abuse CRIPA complaint from proceeding to trial, is it not? Let me remind you that I myself have a major mood disorder and PTSD - is this the kind of treatment I can expect as an American citizen in our women’s prisons, should I ever find myself there?

(She) also reports the male officers don’t announce themselves on Lumley. That comes as no surprise - as indicated by the good governor’s letter to you, the DOC doesn’t think it’s necessary for them to do so, even though they are citing women for sexual offenses if they accidentally expose themselves while changing, or toileting, or showering. You know as well as I that most women in prison - especially the severely mentally ill - are already traumatized. Best practices would not say that security demands the male guards come through without announcing themselves. Best practices in corrections now would look at trauma-informed care more closely than the security aspect of that  and say those women are being routinely retraumatized and violated by the AZ DOC’s policies and practices for no good penological reason. They are just not wanting to make sure female staff are available at all times for the women prisoners, though they are quite plentiful in the men’s prisons.

Well, I’ve covered a lot of ground, and there still so much more. I wish we could meet to discuss PREA and CRIPA matters further in person, but I know you have a lot on your hands already, so please have the appropriate staff contact me as soon as possible about this matter - I and the prisoners are requesting a DOJ CRIPA Investigation into these patterns and practices of violating prisoners civil rights, as well as the Governor’s decision to not bother with PREA mandates anymore. At the very least, you should call her out on that.

Thank you so much for reading this through, Mr Holder, if you’ve made it this far. I will be eagerly anticipating your reply. So will the prisoners and their loved ones.

Sincerely,

Margaret Jean Plews

AZ DOC Protective Custody Battles: Letter to the Endangered Prisoner.

 downloadable PDF LETTER for mailing

arizonaprisonwatch.blogspot.com

Margaret J. Plews Arizona Prison Watch PO Box 20494 Phoenix, AZ 85036 arizonaprisonwatch@gmail.com (480) 580-6807 "Our strategy should be not only to confront empire, but to lay siege to it. To deprive it of oxygen. To shame it. To mock it. With our art, our music, our literature, our stubbornness, our joy, our brilliance, our sheer relentlessness, and our ability to tell our own stories..." - Arundhati Roy

August 2013

Dear AZ State Prisoners:

This is an update to the October letter I put out about protective custody - though not much has changed. All of you I’m addressing right now are applying 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. There’s a logjam in the system - the PC yards are full and the DOC isn’t approving anyone right now, that I can tell, without an attorney on board - or otherwise, the clear ability to fight them. I've heard from hundreds of you – and many of your families - in the past nine months alone, with no resources to hire a lawyer, though. I'm here to help you fight back.

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 I represent. I form alliances based on common values and goals, not common enemies or uniforms. I want liberation for everyone – not just a select few. I'm an anti-racist, anti-colonialist queer anarcha-feminist, as well as being a prison abolitionist. That last thing means I don't want to spend all my energy trying to reform the system to make it less odious for the rest 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 if you'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 of you are in too much danger to pay attention. Basically, as I see it, giving you the tools you need to wage some kind of meaningful resistance to the state's deliberate indifference to your right to life is an investment in getting you to someday help us build a more 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 and making amends to those you've harmed, first. Some of you are so burdened with shame that you make yourselves easy targets for thugs in orange and brown alike. If you feel bad about things you've done, take responsibility for them and make sure you become the 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 other prisoners right now. Become the guy who is known for being thoughtful, not reactionary, and for being strong enough to refuse to be brutal to the weak, when that would be so much easier. Become someone who can navigate the system to help others access health 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 for this 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't stand 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 you up because they respect who you are, rather than judge you for who you once were. The guys judging you have done their own share 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 things better for yourself by throwing someone else under the bus. I promise you it will do you no good to give up information that may hurt others, and only helps the state. If I thought they would actually protect the more vulnerable prisoners from harm by acting on such intelligence, then I might provide it to them myself. But all they do is punish the victims anyway (to keep them from spilling the beans that Chuck Ryan has lost all control), and use allegations to justify more violence of their own, like TSU shakedowns, building more Supermax cells, “validating” prisoners on evidence and hearsay that can't be challenged for the STG 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 state to reward 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 against violence, rather than serving as a tool in the state's war on your fellow prisoners.

Don’t expect a letter from me to Central Office to win your argument for you, by the way – having me on your side won't always play 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 can call me to learn how to help you in your struggle. I can’t step in the ring on your behalf, like an attorney can, in any case - if you can‘t afford one, you’ll need to do it yourself. Other then send you some material to study, all I can really do is be a witness and tell others - in my blogs and the federal courts, if need be - what transpires in your struggle. But you need that - someone to preserve and share evidence that DOC administrators and decision-makers are aware of the danger you face, which I need to keep hearing about 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 can give you a starter list of lawyers who have successfully sued the AZ DOC. I'm not even remotely literate in criminal or civil litigation. That said, if you‘re stuck with me and your own wits, it will be a long uphill fight, from what I see now, and you face the biggest risks. They may disrupt my work more if I get to be too effective or obnoxious, I suppose, but what you can do through the courts is more important, so you are the bigger threat, if you can figure this system out. Once informed, you scare Power even sitting 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 haven’t been assaulted yet. I need copies of the denial form the DOC gave you saying that. Ask the librarian for DO 902 - Access to the Courts. Attachments A&B, if I don’t send them, are what you need - ask for the “Rights of Prisoners, 4^th ed.” to start with - it‘s huge, so scroll the table of contents and get the sections you need most. Look for Farmer v Brennan for the standard of indifference in a case about a transgender prisoner. Let me know if they want to bill you for photo-copies to keep on person, and how you deal with that if you’re indigent. Whenever you can send me your paperwork from the DOC refusing to help you access legal materials, please do. Just let me know if you’ll need it back.

Some of you have been denied PS because DOC asserts that you don’t face a documented statewide threat (even though you are being 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 aren’t under any real threat unless the yard leaders personally sign a written death warrant for each of you on gang stationary. Reiterate the realities of life in the AZ DOC – the bad guys all have cell phones, so while you're restricted from calling your child or dying mother when you want, the guys running the yards have easy access to whatever 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.

I’m 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 doesn‘t make you a “snitch“, in my book - though even snitches don‘t need to be silenced with violence. Most of you are in the 805 process for the same reason, though - a yard leader or gang member checked you out somehow, and for any number of reasons decided you were “no good”, giving you the choice of 1. leaving the 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 able to be identified. The truth is, however, the guy you really need to be worried about took the fifth when he was nabbed by the cops and 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 can’t be “trusted” to share a prison yard with is fundamentally flawed – I think it’s just an excuse to put the green light on guys who wont immediately bend to the authority of the gang, and to give the new recruits target practice.

People interested solely in pursuing their own profit, at whatever cost to others, are sociopaths. That seems to characterize the behavior of prison gangs, too - they have nothing to do with resisting the state - they strengthen it, instead. The state is all about it’s own needs too, not “the People’s” but at least it tries to manipulate people into being loyal before it threatens to kill us. There is a show of state defiance by gangs, but they rule the yards with the consent of state power to divide and conquer prisoners - and addict and terrify you - so you can’t 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 to the misery.

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 fight - your fight, not mine. It may be up to you guys, not the state, to undermine the authority of the gangs by providing collective safe harbor for others who resist them in the meantime. Just how to do that right now, I don’t 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 of conscience. And the state is vulnerable to those who are armed with knowledge of the law. The way I plan to fight both the gangs and the state is by empowering each of you.

Most of you guys have got the first one down - you’ve 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 and proud of who you are, nonetheless - which is the only way to win,. The whole goal of prison - from the dehumanization to the constant threat of violence - is to break you as a potential revolutionary, not make you stronger and more articulate and critical of the state upon release to your home communities - which desperately need your help, by the way. Learn to fight by the rules now as 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 just want to get out of alive - that’s okay too. I will do whatever I can to help you in your struggle not only for personal protection but for 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 and harassment following you - not where the real criminals just refine their predatory skills until they get unleashed again on the rest of 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 me and raise a fuss about your rights you‘ll be in the doghouse with the DOC, and if the gangs ever find this letter we’re all in trouble 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, here’s 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 it’s pointless - that‘s called exhausting your administrative remedies. This is your chance to inform the people you may ultimately have to 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 faith effort on your part, but make your argument a compelling legal one, not an emotional one. And expect at this point to have to go through 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 includes anything from threatening kites to signed statements by other prisoners willing to testify about real prison life - like how the proliferation of cell phones means that everyone is targeted as a snitch or gay or “no good” on every yard in the system, now, within days of arriving. Or how the higher level yards are run by yard leaders, not by the guards, and what evidence you may have that the DOC is well aware of that fact - like a sergeant going out to negotiate your safety directly with a yard leader instead of starting the 805 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 don’t have that stuff in your property, or some porter will snatch it and then you’ll really be in trouble. If the DOC says you need to provide them with copies of your police reports yourselves and you just can‘t get them, write down the reference numbers and where they can be obtained 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 isn’t safe for prisoners to have them in one’s possession in prison.

Build a parallel file of evidence and copies of 805 requests, responses, and appeals with someone you trust out here - preferably the 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 HNR’s, incident reports, or other documents you have the pertain to harm you sustained as a result of an assault are important too. The DOC is known for rifling 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 officers who may have obstructed your attempt to file an 805, the names and titles of officials up the chain of command who denied you protection, names of witnesses to assaults or threats made against you (including doctors who treated you), etc. You will need all that later, if you have to sue in court for your safety.

Get a copy of the National Lawyer’s Guild Jailhouse lawyer’s Handbook. It’s not the same thing I send you chapters from - it’s more of 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 the NLG:

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 when you apply for your 805, showing that they are aware of what evidence you have for your claims, and make sure they send the letters 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 fight the 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 at greater risk.

The best people to include in their correspondence to the DOC appear to be; Charles Ryan, Director; Keith Smith, Security Operations, Stacey Crabtree, Offender Services; and the Warden and DW of your prison. They don’t need to threaten anyone with a lawsuit right away or make accusations that the DOC is intentionally trying to get you killed - just have them state your argument clearly, emphasizing the statewide nature of the threat against you and the expectation that you do not have to be assaulted (again) or killed before they take your safety seriously. The address to AZ Department of Corrections is 1601 W. Jefferson St., Phoenix, Az 85007.

If they put the following people in the cc (they need to note at the bottom that’s what they’re doing so the DOC knows it) and send 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 what’s happening, including if anyone is obstructing your efforts to access the 805 process, legal information or the courts. I can’t give you legal advice, per se - you’re going to have to find a lawyer for that - but I can send you information and ideas if you’re going to wing this yourself. If you need the Jailhouse Lawyer chapter on safety still, or info on the PLRA, 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, and ask 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. Courthouse 401 W. Washington Street, Suite 130 Phoenix, AZ 85003-2118

Evo A. DeConcini U.S. Courthouse 405 W. Congress Street Tucson, AZ 85701-5010

If you’re waiting for something from me and think I forgot you, write to me again - I’m sorry, it’s not because of anything you’ve said: I’m 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 don’t get back to you - if no one from this address does - then the state will have managed to shut me down somehow. Hopefully they won’t have snatched my computer and files, too, and someone from my end will still be able to follow up with you. But don’t hold your breath if my side goes silent one day - once they come for me, I’ll probably be tied up for awhile. Not that I’m doing anything criminal - just that the state doesn’t like people who help prisoners help themselves.

That’s why it’s important for you to learn what you can about your legal rights yourselves. People out here aren’t reliable for one reason or another, and no matter what anyone else does on your behalf, if the state thinks you won’t be in a position to actually fight for your rights in court, they won’t prioritize your safety or welfare. They’ll take all the guys who have lawyers and know what they’re talking about first, and put you back in GP for another round or two - or three or four.

So, that’s a lot for you to think on. I’m still developing a new strategy for dealing with this, and will let you know what other thoughts or resources I come up with if you keep me current with your address. Please keep me posted on your cases, and watch each others' backs. In any event, don’t stop writing, or your stories won’t get out. That’s what the DOC wants, is to isolate you again and keep their dirty little secrets in-house. Don’t let them win.

Take care,

Peggy Plews

 downloadable PDF LETTER for mailing

also see the Jailhouse Lawyer's Auxiliary Guild-AZ Blog for more resources 

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Why AZ doesn't need another Supermax Prison...

Hey Folks:

*** much to my surprise, there apparently IS supposed to be further discussion on funding for the new Supermax: The AZ LEG Joint Committee on Capital Review  is meeting next Wednesday (June 12) at 9:00 a.m. in the Senate Bldg, Appropriations Room 109. The committee documents most pertinent to this discussion are here. We need to get as many people out to that as possible and/or contact those members ahead of time. Keep an eye out for it to be rescheduled at the last minute, though.****

In light of that, I have just a few thoughts: the last part of this post below addresses how so many prisoners inappropriately end up in Supermax.  My buddy C  gave me his full blessings on this campaign (see flyer). Since I launched this campaign a couple of months ago, the DOC has reclassed him down again and moved him to a close custody general population (GP) yard at ASPC-YUMA - punishing him further by forcing him back into GP, where he has told them he is in danger (especially now that I've made him a high-profile prisoner). 

I think we should demand that an audit be done by the legislature of who exactly the current Supermax prisoners are and why they happen to be there - how many are inappropriately there because they are Seriously Mentally Ill (SMI) - does the ACLU already have a count on that? how many are like C (I can probably name/ identify about 15 actual prisoners like him), and  how many really are the "worst of the worst"? And what exactly is being done about the violence on the GP yards? Substance abuse (SA) treatment programs would help, as would educational and vocational opportunities - Ryan wiped everything out when he took over. I bet recovering drug addicts can't even designate that they want to be in clean and sober dorms - that would be another idea, though...

Those of you with family in prison: you might want to emphasize to your own legislators (find them here) that the DOC has failed to provide adequate mental health care and offers hardly ANY substance abuse treatment, yet they're putting people in supermax who have disciplinaries due to mental health and addiction problems, not violence. (the violent ones are being left to run the yards while the pacifists get punished.)

Check out the DOC's own records: below is their "Corrections at a Glance April 2013" monthly report (here's the section with all thier reports). In the left hand column (the red ink is mine) you can see how DOC identifies 75% of incoming prisoners as having a major substance abuse problem, but in 2012 only 2,633 prisoners received any kind of substance abuse treatment - that's only about 4% of the nearly 60,000 prisoners who went through our state prisons last year. 

Now this is especially alarming given that the DOC is planning to take all the money from the Transitional Program fund (which prisoners pay into from their earnings). The Transitional Program fund pays for the services that are supposed to help prepare prisoners for release - some may qualify for up to 90 days early release.  Evidently the DOC thinks putting money it takes from the wages of prisoners into new prisons is a better use of the funds than providing substance abuse treatment or helping people adjust to the community again. That's about 3 1/5 million dollars, as far as I can tell. Boy, are the prisoners ever going to be mad about that one. They pay $.08 out of every dollar they earn into that fund.

Another fund that could be used for treatment services for drug-dependent prisoners is the Inmate Store Account - where they have nearly 9 million dollars they haven't spent on prisoner programs, like they once promised they would. In 2011 the legislature approved annual transfers of $500,000 from that account to the DOC Building Renewal Fund, and it looks like the DOC wants the rest for general operations.

(see page 87 of this document for those figures)

Perhaps the DOC has better plans to rehabilitate prisoners down the road? Hardly. Here's Chuck Ryan's vision for our collective future: despite packing our prison system full of drunks and addicts, and a plethora of best practice guidelines about treating them, only a handful of AZ prisoners will ever get treatment for their addictions or alcoholism in his custody. While fighting for tens of millions to increase their capacity by thousands of beds in recent years, the AZ DOC's strategic plan for 2014-2018 indicates that they only plan to increase the number of prisoners who receive substance abuse treatment services from 3,000 in 2013 to 3,250 in 2014. But in the Governor's Master List of State Government programs 2012-2015 the DOC says that without an increase in what they call "human resources" both the substance abuse and the sex offender treatment programs will be maxed out, at capacity, at the 2013 levels.

It's troubling that Chuck Ryan's prisoners have been killing eachother and themselves at twice the rate they did under previous administrations...That doesn't sound anything near what we should be getting from our state's Department of Corrections - especially for a billion dollars a year. No wonder there's so much heroin and extortion and violence in our state prisons. And what happens to these prisoners when you kick them lose with nothing but $50 and a prison ID card at the end of their sentences? Are they all really coming out better prepared to deal with life clean and sober than when they went in?

Here's some "truth in sentencing" for the judges out there: some of those homeless or seriously mentally ill folks who you locked up "for their own good" will come out addicted to worse drugs with more skills to commit new crimes - and probably infected with Hep C, too. Some won't even survive it - they may end up like Shannon Palmer, Marcia Powell, Carlo Krakoff or Tony Lester instead.

Now that's just plain shameful.

SMI prisoners and addicts should be placed in more appropriate facilities with the proper treatment resources before a new Supermax is built. Furthermore, if more resources went into community treatment options and re-entry support for prisoners, not plans for re-incarceration of the most vulnerable and troubled, there would be less demand for more prison space down the road. 

This is the Joint Legislative Committee on Capital Review - tell them we don't need another Supermax, and they need to look into who we are imprisoning in the Supermax we already have. Here are the committee members  to contact before next Wednesday's discussion about approving the new Supermax:

Senator Don Shooter Chairman 2013	Representative John Kavanagh Chairman 2014
Senator Gail Griffin	Representative Lela Alston
Senator Leah Landrum Taylor	Representative Chad Campbell
Senator John McComish	Representative Tom Forese
Senator Al Melvin	Representative David Gowan, Sr.
Senator Lynne Pancrazi	Representative Rick Gray
Senator Anna Tovar	Representative Andrew C. Sherwood

 

This is one way that Supermax gets so full:

You would think from all the rhetoric about trying to curb gang violence that prisoners would be encouraged and rewarded when they resist gang domination - especially the younger, more easily-influenced guys. Often these men say they refuse to perpetrate gang violence because they're trying to turn away from criminal activity, or because they don't believe in hurting people they have no personal issue with - I'd want to help those guys if I was running the prisons, frankly. Once they make themselves a target by asserting their autonomy, though, instead of being provided some measure of protection by the DOC they're being pushed back out into GP yards with the mark of "snitch" on them for having sought out PC even once.

To assert their dominance, the yard leaders or gang leaders these PC prisoners push back against give the nod to putting a "green light" on them for things like eating or speaking with members of the wrong race or with someone who is openly gay or transgender - meaning they're fair game for anyone to attack. The violence isn't just reserved for child molesters or career "snitches".

Since virtually all of the General Population (GP) prison yards are now run by the gangs, not the guards, prisoners who are thus targeted are forced to seek protective custody (PC) from the state - which immediately means they go into the hole (detention), not the perpetrators of threats or violence against them - those guys are often left to keep running the yards, despite all sorts of witnesses that they are dealing drugs and extorting prisoners.

There they sit for one or two months while the DOC justifies denying their PC applications (if they don't have an attorney on board, anyway) and placing them on a different prison yard, asserting to the prisoner that the threat that drove them to seek safety in a hole is simply "self-reported" (i.e. their death warrants aren't signed by gang leaders on letterhead, so therefore they must be fabricating said threat), doesn't pose a substantiated danger from a security threat group (STG), isn't statewide/ systemwide, and doesn't warrant much concern simply because the terrified, traumatized prisoner may not have been "smashed" (beaten into a coma) yet.

When prisoners who are denied PC status get pushed out into a new GP yard, they're usually quickly confronted by other prisoners and told to leave or they will be hurt for having PC'ed up on the yard they just got off of.  They aren't any safer on a prison yard across the state than the one they originally get into trouble with the gangs on  because of both guard corruption and the prevalence of cell phones inside - the gang members and gang wannabes waiting to assault them often know about PC prisoner moves and their issues before the prisoners even land on the next yard.

In fact, by pushing them onto one GP yard after another - from which they will predictably PC up off of to avoid being assaulted - the DOC is exposing these guys to an even larger number of state prisoners who will identify them each time they land on a new yard on out as prisoners with PC issues (code for snitches and sex offenders). The DOC is thus setting that prisoner up to get hurt again, and again, and again for a long time to come that way.

If a prisoner refuses to go onto a GP yard because they are afraid of being assaulted - which they have the "right" to do - they can be given a major disciplinary ticket for an "aggravated refusal of an order to house" (RTH). That means they go back into the hole another month or so AND lose good time and visitation and other privileges, and eventually get enough RTH tickets that their custody scores are jacked up to maximum security - whereby the DOC can place them in the Supermax prison and simply bury them there, where no one can hear them any more.

I dare the legislature to audit the Supermax - ALL the Maximum custody cells across the system - to see who's really there. I have a real problem with this pattern of punishing the prisoners who resist violence. For refusing to comply with gang orders to extort, hurt or kill others - including guards and community members - prisoners shouldn't be forced into Supermax cages for 23 hours a day, only to be allowed out to exercise or use the shower if chained up with two guard escorts.

In fact, many of those in ASPC-Eyman/SMU-I now are actually low-risk, non-violent, and mentally ill - they landed there thanks to RTH tickets. They include prisoners like C, here - HIS STORY IS QUITE COMMON...

The intent of funding and exercising that level of control over prisoners movements is to manage highly dangerous prisoners - not to punish them for passivity, or simply move them out of the way because the administration and guards have lost control of the GP yards. That's an absurdly abusive and expensive response to punish and silence a guy who just doesn't want to go along with the gang rules or perpetrate racist violence. The DOC doesn't have to be too conscientious about who they put there, though, because no one pays attention out here, and they already have 500 more Supermax beds approved to build and bring on line, no more questions asked ***

HELLO??? Is anybody at the AZ LEG really watching how the DOC is spending our money? They have a billion dollar budget and it's still growing, even though the prison population has been shrinking. This is one reason why we have a ton of guys in Supermax now who really don't meet the DOC's standard criteria for maximum security. The legislature is being taken for a ride, deluded about who that new prison is going to house, and deliberately indifferent to all the class action lawsuit allegations about the mentally ill being warehoused there already.

The AZ Inspector General's office and a legislative committee - as well as the US DOJ, in my book - needs to audit the DOC's PC program and the use of the existing Supermax prison and maximum security designations before they build that addition out at ASPC-Lewis..."

--------------------------------

FYI, families and recent prisoners:  I'm compiling a report for the US Department of Justice right now about the violence in AZ DOC prisons and the problems with the protective custody process (805), whereby it's impossible for male prisoners to refuse to "join" the gangs (which often involves assaulting another prisoner)  - much less just refuse to follow their stupid racist, sexist, patriarchal rules - without being victimized themselves, yet many guys still refuse. 

Do not go to Tom Horne's office  (AZ Attorney General) for info about civil rights in the prisons, or for help if you love a prisoner and want DOC investigated - they are the bad guys, too. The AZ Attorney General's office has no regard for civil rights; they defend the DOC against wrongful death, deliberate indifference and brutality suits, and are thus compromised. 

Report civil rights violations in the prisons to the ACLU of Arizona, the US Department of Justice (Civil Rights Division) and to me at arizonaprisonwatch@gmail.com.  All reports of prison violence that folks are aware could be useful as I put this thing together, so please pass them on.