Pennsylvania Department of Corrections Blocks
Prison Radio from Sharing Copies with Other Inmates
“There
is no iron curtain drawn between the Constitution and the prisons of
this country.” Wolff v. McDonnell, 418 U.S. 539, 555–56 (1974). Justice
White
By Noelle Harrahan
Pennsylvania
Department of Corrections has adopted collective punishment as the
“solution” for problems of violence inside its prisons.
News
from inside is that collective punishment is being rolled out across the
state. Under the guise of their new “Violence Reduction Initiative”,
the Pennsylvania Department of Corrections (PA DOC) has begun punishing
all inmates “associated” or on the same tier if there is a fight or
someone is accused of a violent act. K. Brittian, Facility manager at
SCI Frackville, responded to inmate Bryant Arroyo’s grievance by stating
that “Facility Manager/Designees [are authorized to] ...utilize lock
downs as a response to critical incidents…disorder, a threat to security
or an inability to maintain orderly control of inmates." This reason
for denying Bryant’s grievance misses the point, as it waves “security”
as a red flag to obscure the unconstitutional action of punishing
someone for something they did not do. This is not the “some” evidence
standard, this is the NO EVIDENCE standard. Furthermore, the sanctions
go far beyond reimposing order and locking folks down. The sanctions
specifically target innocent individuals, continue far beyond the lock
down, and escalate tensions with no due process and no grievance appeals
allowed. Mail and visits are rights that involve access to the courts
and additional constitutional protections.
Following any
violent incident, any inmate or many inmates (who often have little
knowledge of the incident in question) can lose phone calls, basic
(necessary) commissary, recreation and yard time, access to the law
library, mail, work, and more.
Collective punishment is
immoral. It is unconstitutional and dangerous and it does not work. It
is a tool in a repressive regime to get compliance. It is inhumane and
brutal.
As a fascist stick in the prison guards’ toolkit, it
offers the guards and prison officials unlimited and unaccountable
latitude for selective enforcement and the targeting of specific
prisoners.
The policing industry is endorsing this program,
which means we will soon see this not just where it’s already started in
Washington, Maryland, Mississippi, and Pennsylvania, but all across
the nation—if we don’t respond.
If someone on Bryant Arroyo’s or
Mumia Abu-Jamal’s tier throws a punch, their whole tier can be locked
down. Well this recently happened and, ironically, the guys who threw
the punch were given a semblance of “due process”: they could grieve
their two days "in the hole". But Mumia and Bryant could not. They
were not allowed to challenge the “collective punishment” given to the
whole block. This threat looms over every person in these prisons,
every day.
History has proven that jailhouse lawyers, community
leaders, and the folk that are outspoken and organized are often the
targets of prison officials.
Our correspondents are the most
vulnerable in the face of these repressive policies. Prison Radio
correspondent Bryant Arroyo shares with us what it is like to live in
these conditions:
“Every day I’m in a state of impending lock
down. We’re anxious all the time. The mood is very tense and it’s become
dangerous for both inmates and staff alike.. ..It’s gotten to the point
where if you see a fight might be about to break out, you grab your
towel and head to the shower because you don’t know when your next
chance will be.”
His room had been turned upside down by guards during the last lock down, as result of a fight he wasn’t even aware of.
As
we have come to expect, these same brave men and women in prison are
taking the lead in exposing these unconstitutional practices.
In
addition to talking to us and organizing inside their tiers, Mumia
Abu-Jamal and Bryant Arroyo have both filed inmate grievances. Mumia’s
came after he was subjected to a lock down for events of which he had no
knowledge, whatsoever. He argued that collective punishment is
unconstitutional by its “inherent nature” as a violation of both the 8th
and 14th amendments. From the letter: “Collective punishment is
anathema to US law, as it is a government process that punishes others
who have not participated in the event giving rise to said government
action. PA DOC cannot institute a policy based on an unconstitutional
theory or practice. Period.”
"The [Eighth] Amendment must draw
its meaning from the evolving standards of decency that mark the
progress of a maturing society." Chief Justice Earl Warren Trop v.
Dulles, 356 U.S. 86 (1958)
“The relief requested is to grant my
legitimate grievance by abolishing this dysfunctional, collectively
punitive, officially oppressive, unconstitutional policy which directly
affected the ‘actually-innocent’ inmates by broadly and
arbitrarily/capriciously misapplying the policy to everyone.” —Bryant
Arroyo, Prison Radio correspondent at SCI Frackville PA.
Additionally,
when Prison Radio sent copies of the grievances to other inmates filing
complaints the prison censors rejected the mail. They indicated that
the paper copy of the grievance was a prisoner’s “personal property”
and could not be shared. This information needs to be widely
distributed so these decisions can be immediately and effectively
appealed. We filed a grievance on the blocking of legal documents being
copied and sent to other inmates.
We can and must support folks inside when they are standing up for their rights.