The Political Dialectics of The Chickens Finally Coming Home To Roost
The Political Dialectics of The Chickens Finally Coming Home To Roost
“…When the Prison Gates Slam behind an inmate, he or she does not lose their human quality; his mind does not become closed to ideas, their intellect does not cease to feed on a free and open exchange of opinions; their yearnings for self-respect does not end; nor is their quest for self-realization concluded. If anything the needs for identity and self-respect are more compelling in the dehumanization of the prison environment. Whether an O'Henry writing his or her family, a prisoner needs a medium for self expression. It is the role of the First Amendment and this court to protect those precious rights by which we satisfy such yearnings of the Human Spirit...”
-Justice Thurgood Marshall
“The independence of the Master…. is based on his dependence on the Slaves.
If the Slaves were not there….the Master would not be free from the Necessity of Life.”
[Part One]
In Angela Davis’ piece called “Lectures on Liberation,” where she conveys on page 21, “The phenomenology of Mind,” where Hegel discusses the ‘Dialectical Relationship between the Slave and Master, he states:
“Among other things, that the Master in reaching consciousness of his own condition, must become aware that his very dependence on the Slave.”
This might sound a bit contradictory, but, then dialectics is based on discovering the contradictions in phenomena which can alone amount for their existence. Reality is through and through permeated with contradictions. Without those contradictions, there would be no movements, no process, no activity. If the Slave were not there to t il the land, to build his estates, to serve him his meals, the Master would not be free from Necessities of Life, if he had to do all the things which the Slave docs for him, he would be just as much in a state of bondage as the Slave only, the Slave is the buffer-zone, and in this sense, the Slave is a Master - it is the Slave who possesses the power over the life of the Master: If he does not work, when he ceases to follow orders, the Master’s means of sustaining himself has disappeared.
[Part Two]
Frederick Douglass as a Slave began to embrace his emancipation when his owner reveals to him unwittingly the path towards consciousness of his alienation: “If you give a nigger an inch he will take an ell, learning will spoil the best nigger in the world. If he learns to read the Bible it will forever unfit him to be a Slave. He should know nothing but the will of his Master.”
The transition from Plantation Slavery to ‘Mass Incarceration’ has done little to alter this relationship because it’s a reality in the ‘Mass Incarceration’ connection between Prisoncrats and prisoners, the dialectic is exactly the same. Knowledge opens up the consciousness of the condition, which resistance to the condition, compels the prisoner to desire emancipation from the condition, just as the Master recognized if his Slave could read, he would resist being a Slave. Prisoncrats work hard to suppress certain information getting to the prisoner entering behind the walls.
If we didn't work, cook, clean, spend our money, follow' their orders, each Prison Plantation would ultimately be closed, especially if we Stop Coming to Prison, we would threaten the very livelihood that puts food on their tables. This is why knowledge of ‘Self and Condition’ empowers prisoners, the act of resistance is an inevitability. Rejection of degradation on every level, on every front, are integral elements on the Voyage Towards Liberational Discourse and Freedom. The French Existentialist Jean-Paul Sartre once said; “Even the man in chains, he says remains free - and for this reason: he is always at liberty to eliminate, his condition of slavery (i.e.) imprisonment, even if this means his death.
[Part Three]
Post-Traumatic Slave Syndrome in the Age of Mental Illness
Historically, Penologists have always known the prison like Slavery, exacts all sorts of trauma on its colonized captive populations. If we become adamant about not working for them or simply stop coming to prison. Mass-Incarceration, would not have a leg to hold itself up. These conditions that persist for years have caused alarming numbers of prisoners to slip into mental illness. Large numbers of prisoners [in prison] being held in Solitary Confinement Units, are committing suicide simply trying to stop the psychological torture. Instead of being effective in curing the mental illness, the Prisoncrats are opening units to warehouse them, seeking funds by exploiting the misery of mental illness they allowed to develop, while prescribing all kinds of psychological medications that are not to cure your conditions. Everybody inside these Plantations are affected by this reality.
Just as physical illness has interlinking causes, so does mental illness genetics, environment, and lifestyles, combine to contribute to whether someone develops a mental health condition. Some dysfunctional behaviors are learned, and in others, biochemical or brain-circuit processes are to blame. Prisoners are becoming enlightened to their living conditions, and how these conditions were created to create mental illness. Now all around the country prisoners are learning the law and seeking outside help from law firms to file federal lawsuits challenging these repressive conditions.
Here in Indiana, in 1986, upon finding that “Individuals with mental illness are vulnerable to abuse and serious mental illness. ” Congress created the Protection and Advocacy for Individuals wit h Mental Illness Act, and the Protection and Advocacy for Developmental Disabilities Act, and the Protection and Advocacy for Individual Rights Act (Collectively, The PA IM I Act ). Wabash Valley Correctional Facility operates a Solitary Confinement Unit called the (SCU) ‘Special Confinement Unit,” where for a long time most, if not all seriously mentally-ill prisoners were held. This unit was built in 1993; prisoners have been killed back there, and multiple suicides too.
In the pivotal case IPAS v. Commissioner, Ind. Dept. of Corr. 2010 U.S. Dist. Lexis 41896 (S.D. Ind. Apr 27, 2010) United States District Judge Tonva Walton Pratt, commenced a bench trial in this case on July 25, 2011, and ended on July 29, 2011. Prisoners willing to gain vital legal knowledge of their conditions, Joshua Harrison, Gregory Sims, and James Panozzo, on their own behalf, and the behalf of the ‘class,’ initiated this “Class Action.” The Indiana Department of Corrections was found to be knowingly and intentionally subjecting its mentalv-ill prisoners to conditions constituting “Cruel and Unusual Punishment." The Indiana Department of Corrections’ actions were found to be in violation of the Eighth Amendment to the United States Constitution. The ‘Courts’ ordered (all) prisoners diagnosed with serious mental illness were removed from ‘Segregation.’
Judge Tonya Walton Pratt stated in her “Conclusion of Findings:"
“Running a prison is an inordinately difficult undertaking that requires expertise, planning, and the commitment of resources, of all of which are peculiarly within the province of the legislative and executive branches of government.” Nonetheless, “Prison Walls do not form a harrier separately from the protections of the Constitution. The Plaintiff's have prevailed as to their Eighth Amendment Claim. If these men would never have picked up their (pens) their stories would have been suppressed.” Also, these men based on the fact that it was deemed an Eighth Amendment violation, should have been financially compensated for what the Indiana Department of Corrections had caused them.
[Part 4]
From out of the Darkness into the Light: The Political Dialectics of a Series of 'Cover-Ups'
For at least the past (40+) years, Indiana Prisoners have been engaged in challenges. legal complaints, and ‘filings’ geared towards correcting wrongs committed against them. While prison administrative officials did everything possible to suppress or prevent the truth from reaching hands that can expose what is going on in prison. Verbal allegations are swept under the rug as if they never happened, and allegations sent out to loved ones never would reach them. And a lot of times, a Grievance filed would amount to nothing or even be denied, when it was clear, and obviously wrong what had occurred. Many have disappeared, however once in a great while, the truth slips out.
While I spent time in the (SCU) Solitary Confinement Unites here in Indiana, many legitimate complaints I filed were looped upon as exaggerations or outright lies, In 2005, I acted in self defense to (3) officers’ provocations, and was later served (3) separate ‘Battery’ charges, and was given (9) years in “Disciplinary Segregation” robbed of (900) [hundred] release days added to my sentence, and the ‘camera footage’ mysteriously disappeared. I was accused of initiating an unprovoked attack against the (3) officers, but ‘outside charges’ were never pursued, because in a [break] court room the truth under the threat of perjury would have come out. The ‘video footage’ would have clearly exposed the actions of those (3) officers.
The Truth Comes Out
About (10); years ago, while serving my tine in ‘Solitary Confinement’ I met Phillip Littler, who like me, was engaged in his campaign to be treated fair by these ‘Prisoncrats.’ Studying the law, learning how to file lawsuits, and defending himself with his “pen” and not his hands. We both made mistakes along the way with our filings, but we helped each other, and supported one another’s prison struggles, while we were both confined at Wabash Valley Correctional Facility, housed on a unit called the (CCU). I was on the (CCU) Unit during an incident w here he was extracted from a unit shower. The case is:
“Phillip Littler v. Christopher Martinez, United States District Court for the Southern District of Indiana, (Terre Haute Division) 2018 – U.S. Dist. Lexus 155668, Number 216-cv-00472JMS-DLP”, decided Sept. 13, 2018. Please, do what you can to read this case, because it exposes what Wabash Valley Correctional Facility ‘Prisoncrats’ are really all about.
Federal Judge Jane E. Magnus-Stinson ruled in favor of Comrade Phillip Littler on September 25, 2018, stating:
“Based on the evidence provide thus far, that correctional officers at Wabash Valley Correctional Facility and Head Administrative Officials, Intentionally used excessive force against Phillip Littler, solely to mare him suffer. This includes, but is not limited to intentionally shooting him in the face with a 'Pepperball Gun’ at point blank range. This was done on the order bv Assistant Warden Frank LittleJohns. Worse still several of the Defendants attempted to cover it up. Before, during, and after the incident, which included a false incident report and false affidavits or declarations to the court. "
A Pro Se Litigant rarely gets past the ‘Summary Judgment Phase.’ This case passed it, due to the Court appointing counsel to Philip Littler, the lawyer was able to obtain crucial documents that Literally blew this case wide open. Not only was a cover-up exposed, but it revealed a series of e-mails shared amongst the Defendants, making their intentions clear to shoot Phillip Littler in his face at point-blank range. The e-mails showed a collective role on how each ‘sued’ party was involved, even to describing in detail how they’d ensure that someone would stand in front of the video camera to cover-up who was causing harm to Phillip Littler.
The Defendants, from the warden on down to correctional officers involved in this coverup, ensured the video evidence would not be available to show that they used the “Mace” spray on Phillip Littler, and that he was being repeatedly punched in the face and head, and made sure their attack was kept off that video to cover-up their actions and abusive tendencies. I his case has been one of the best to come along that will open up a lot of doors for many of US now, because for wars, prisoners have been beaten during ‘cell-extractions’ like they did to Phillip Littler in this case. They were not aware of how they could challenge their abusers, so their stories never got outside the walls of the Wabash Valley Correctional Facility.
Phillip Littler is a friend/comrade of mine, and I am so proud he never gave up on exposing Wabash Valley Correctional Prisoncrats. Cases like this will become educational tools in our War of Liberation, for the minds and commitments of these voiceless souls trapped inside these walls.
The Judge in this case credits Phillip Littler for his being tenacious in litigating “Using his Pen” pursuing and filing his complaints. That the e-mails case would never have been revealed to the Court. They could have possibly gotten away with their collective corruption for years here, without not having the evidence to prove our complaints, they would say that we are lying. This case has revealed who the real liars are, and who the true criminals are as well, and to what degree they are willing to go to conceal their organized corruption.
The Court granted Phillip Littler his ‘Motion’ requesting the Court to appoint him Counsel, and that also the Court stated the following ‘Prisoncrat’ ranking officials who conspired to use physical force against Phillip Littler, were in violation of the 8th Amendment. Warden Richard Brown, Assistant Warden Frank LittleJohn, Major Dusty Russell, Captain Amanda Pirtle, Lieutenant Yarber, Christopher Martinez, Blake Scarborough, Israel Brewer, lustin Shroyer, Mark Shroyer, Rvan Bottoms, Styler Thackerv, Kirby McKee, David Smith, Dever Smith. What they did to my comrade Phillip Littler is no lie, it’s all documented, and now is ‘public record.’ I encourage you to look up this case and read it and share it with your friends.
[Part Five]
Wabash Valley Correctional Facility's Special Confinement Unit
The ‘Special Confinement Unit (SCU) was built as an annex to the Prison Plantation Wabash Valley Correctional Facility in 1993, two years after the ‘Supermax’ was built at Westville in 1991. The (SCU) was modeled after the infamous Pelican Bay (SHU) Unit, I was transferred from “Supermax” in 2003, to Wabash Valley Correctional Facility’ and assigned to the (SCU) Unit. Prisoners who were identified as Revolutionaries, Jailhouse Lawyers, and organizational affiliates, all ended up sent to the “The SCU.”
Prior to the ‘above’ units being built, myself and a lot of comrades would be held in ‘Disciplinary Segregation Units’ at the Indiana State Prison at Michigan City. This is where I met comrades Aaron Isby (Israel), Shaka Shakur, John Cole (Balagoon), and Christopher (Naeem) Trotter. We all landed in the (SCU) at the Wabash Valley Correctional Facility. We all challenged being kept in 23/24-hour Solitary Confinement, and we filed Classification Appeals, Grievances, Letters, and Petitions of all kinds; we studied Civil Law, and mastered how they must comply with policy.
There are only a small selection of 'civil cases' won by Indiana Prisoners in federal court. Bro. Aaron Isby (Israel) has been tenaciously litigating his lawsuits. He was just awarded $314,000.00 for damages, after going to a jury-trial; and then, he won $22,000.00 in ‘punitive damages’ against (3) defendants.
Sham Periodic Reviews Constitute Due Process Violations
While housed inside the (SCU) from 2003, through 2011, I filed Grievances and Classification Appeals, stating that our (30)-Day and (90)-Day Reviews were already predetermined, making the entire process perfunctory. In Isby v. Brown, 856 F. 3d 508 (7th Cir. Ct. App. 2017), he was given a second ‘bench-trial’ that began on September 25, 2018, to September 26, 2018. This case would expose corruption being conducted by Beverly Gilmore who was in charge of that (SCU) Unit, that we already knew was occurring, we just couldn’t prove it, until now. She played a powerful role [break/missing words] who would ultimately be recommended for release out of ‘Solitary Confinement’ on the (SCU), she conducted (30) Day, (90) Day, and Annual Reviews of Prisoners’ placement in or out of department die ‘Restrictive Status Housing.’
During Bro. Israel’s trial, Ms. Gilmore testified she conducted her Review Process according to policy, and she openly expressed her discontent with Bro. Israel being uncooperative, and thought he knew everything. Gilmore stated in court testimony that she would never recommend he be released to ‘General Population.’ Bro. Israel’s case has revealed the entire truth of what’s actually been going on since 1993.
Just as the e-mails in Phillip Littler’s case exposed the atmosphere of collective and sponsored corruption at Wabash Valley Correctional, the open-court statements by counselor Charles Dugan, who was assigned to work under Beverly Gilmore, and how he was instructed to basically just add a name and date to a Review Form already made up on the computer system; the language remained as is, the only thing that changed was the date and time, Mr. Dugan stated: That there was “not much review behind it”
In any given month, it took him 15-20 minutes to do the 30-day reviews for all (144) prisoners on his ‘case load.’ He said he never did and would not have time to sit down and talk with each prisoner to discuss each (30)-Day Review. It was already predetermined that a release from the (SCU) was not going to be recommended. It usually said: “No changes recommended - appropriately placed. ”
The Federal Courts in Bro. Israel’s case, found: “That the (30)-Day Reviews at Wabash Valley Correctional Facility are perfunctory, meaningless, and not even rubber-stamped.” This is how they circumvented policy and the ‘Constitution’ for decades, illegally keeping many of us in a perpetual state of ‘Solitary Confinement.' ‘Solitary Confinement’ prior to this case was being used to silence voices, intimidate prisoners not to resist, and to ‘warehouse’ prisoners who they couldn’t control. The courts told the Defendants (i.e.) - Wabash Valley Correctional Facility staff this:
“Prison staff cannot keep an inmate in Solitary Confinement indefinitely because they do not like them, or even because he is vulgar, rude, and belligerent. They cannot even keep him in Solitary Confinement indefinitely for an assault that occurred (28) years ago.” The Court finds that the Wabash Valley Correctional Facility Defendants James Wynn, Richard Brown, Jack Hendrix, Jerry Snyder, Beverly Gilmore denied Comrade Israel’s Fourteenth Amendment’s Due Process Rights, by failing to provide meaningful reviews of his placement in ‘Solitary Confinement.’ Bro. Israel was awarded $100.00 per day in ‘compensatory damages’ for wrongful loss of freedom of movement, deprivation of human contact, lack of access to services, and ease of communication which the evidence and case-law supports. This amounts to $314,000,00. This is the largest award to anyone held in ‘Solitary Confinement’ in Indiana; and for the punitive damages he was awarded $22,000.00 against Defendants Richard Brown, Jerry Snyder, and James Hendrix, for their corruption and violations of the Federal Constitution. We as an activist community on the inside Indiana Prisons and beyond, in the Seventh Circuit. We must thank and appreciate this Brother for his tireless litigational work, he's symbolized what it means to be a Long-Distance Revolutionary, this case reveals his uncompromising position.
He finally pulled the ‘shades’ open, and from the shadows the bold, and cold truth is out for all to see. This is yet another case where the Pen is mightier than the Sword. I’m in support of Bro. Israel, we have a lot of history together fighting (IDOC) oppression, racism, retaliations, and collective harassment. Bro. Israel has been sent to the New Castle Correctional Facility, to be transitioned to ‘General Population;’ the State has appealed this case.
A Teachable Moment
We have to encourage Prisoners inside Indiana Department of Corrections to immediately incorporate the study of the Constitution of the United States into their daily study program. The ‘First,’ ‘Eighth,’ and ‘Fourteenth Amendments’ are crucially important to know at this moment. We're living in a time when Prisoner's Civil Rights are being trampled upon, and we have the collective power, when our minds are sharp, to stop these abuses - one law suit at a time. Please educate people around you on how these Constitutional Amendments can help to bring their stories and struggles to light.
Go to the Law Library and have someone help you 'pull up' the cases I shared in this writing, their stories and their struggles are ours also. Many of us have yet to make it to the Big Stage to be aired-out in a Federal Court as these two have. This is the motivation we need to realize sooner or later our truth comes out. So, keep fighting, we are not alone.
[Part Six]
Breaking News
While I was in the process of preparing this latest writing, the news came to me that, due to the abuse and misuse of power, and physical force. In the recent e-mail discovery released in Phillip Littler’s case, the Wabash Valley Correctional Facility, Warden Richard Burton, and Assistant Warden Frank Littlejohn, are both being sanctioned as a result of their 'positions.' Other ’ranking’ staff members who had played a role in the violence against Phillip Littler, these staff members will be demoted or fired. This story is being 'suppressed,' because it would have been 'run' in the local media by now. Let’s hope that it is all true, because we are glad to see what we knew was inevitable: The Chickens are finally coming home to roost at the Wabash Valley Correctional Facility...The Struggle Continues.
I Choose to Fight!
Bro. Khalfani Malik Khaldun (Leonard McQuay) #874304,
P.O. Box 1111, (M-218),
Carlisle, IN. 47838
Notes:
(1.) Lectures on Liberation;
(2.) Indiana Protection & Advocacy Services Commission;
(3.) Phillip Littler v. Christopher Martinez, 2018 U.S. Dist. Ct. - LEXIS 155868 No. 2:16-cy-00472-JMS-DLP;
(4.) Israel v. Wynn, Case No. 2:12-cv-00ii6-JMS-MJD.
Recent photo of Bro. Khalfani Malik Khaldun