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if-you-fan-a-fire · 3 months

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Prisoners' Resistance

"The most common tools of resistance used by Muslim prisoners were hunger strikes, writ writing, and takeovers of solitary confinement. Just as a previous strike had revolved around Sostre's segregation for distributing religious literature, five prisoners planned a hunger strike, according to the following account of Brother Bratcher "... [who] was placed on the observation cell or gallery, an excuse by the warden and those to make him seem that he was crazy concerning this trial that was coming up." As Deputy Warden Meyer later told the courts, we "weren't going to permit (SaMarion] to stage a hunger strike; he didn't know the circumstances of the prisoner's being removed and furthermore, it wasn't up to him to question policy of the administration and we weren't going to permit him to do it." Muslim prisoners hoped to gain visibility and public recognition from the hunger strike. Woodward reported a man in solitary going on strike saying, "When the Man' comes to see you dying from malnutrition then maybe we will win our point."

Several years later, at Stateville Prison in Illinois, the first written demands made by those incarcerated at the penitentiary coincided with a hunger strike and the first violence the institution had seen in thirty years. Although these strikes placed prison officials in a defensive position, they also involved strategic problems for Muslim prisoners in particular. As these examples indicate, striking against solitary confinement and the loss of good time credit was often punished with more of the same. Arthur Johnson observed that Muslims disagreed about whether or not to support a prison-wide strike against loss-of-good-time practices and ultimately decided against participation for fear that they would be "accused of inciting this strike." Just the year before, prison officials and newspapers were quick to blame Muslims for an uprising at California's Folsom State Prison. Johnson later recalled a conversation with Commissioner McGinnis: "Well,' he said. 'I am a Catholic. he said. 'I am not prejudiced of any religion,' he said. 'But them followers of Elijah Muhammad,' he say. I am going to defeat them. "

Significantly, Bratcher's confinement preceded the SaMarion v. McGinnis trial in Buffalo. Writ writing was a leading justification for prisoners' placement in solitary confinement. As Bratcher recalled, soon after he filed court papers he was quickly "marched to solitary confinement," where he lost ninety days of good time. His disciplinary report read that he had filed a "show cause order, making unfounded statements relating to the management of Attica State Prison." He eventually received his application back from the Supreme Court justice saying that he had mistakenly put Article 77 of the Civil Practice Act instead of Article 88. But by then he was in solitary confinement and could not obtain his legal papers. Not only had Bratcher's writ writing been the justification for his confinement, but being put in solitary then prevented his case from moving forward in the courts.

Litigation hit a nerve among prison officials as the NOI flooded across the country with writs. Between 1961 and 1978, there were 66 reported federal court decisions on suits filed by Muslim prisoners. In California, the number of habeas corpus petitions rose from a mere 814 in 1957 to nearly 5,000 by 1965. At San Quentin in 1965, prisoners were churning out almost 300 petitions a month. As one judge realized, these were not "cases where uneducated, inexperienced and helpless plaintiffs are involved....These applications are part of a movement." Prison litigation brought the hidden struggles of prisoners to national attention and catalyzed public support for their cause. The waves of writs coming from incarcerated Muslims moved the courts away from a system of arbitrary and discretionary control by prison officials. As Jacobs argues, the NOI "provided an example for using law to challenge officialdom." Although scholars have duly credited the NOI with launching the first organized prison litigation movement, it is important to explore the actual mechanisms that eventually forced judicial intervention and assured prisoners' constitutional rights,

Martin Sostre was the most proficient "jailhouse lawyer" at Attica, and his writ-writing templates and instructions reveal the measures by which Muslims in solitary confinement were able to coordinate their litigation and complaints. By October 1961, three of the four men who had been transferred from Clinton to Attica had joined Bratcher in solitary confinement. Sostre wrote to Walker that twenty-two Muslims in the general population were actively preparing writs against the warden and commissioner. These would then be "consolidated into one big mammoth trial." Meanwhile, Bratcher wrote from his segregated cell to Malcolm X and Mosque No. 7 in New York City:

The Grace of Allah has also been upon we Muslims in The New York State Correction System. He has given us several openings in the Federal Courts across the country so that we may seek redress from those in State and Federal authority who seek to regress our Freedom of Religious Worship, rights guaranteed us in the U.S. Constitution. Brothers! We have been persecuted, beaten, marred both mentally and physically, put in "Isolation-Segregation-Protection and Solitary confinement for the past 5 years. But, now, by the Will of Allah, our fight has almost come to an end. Victory is now in sight!

Bratcher hoped that Malcolm X would agree to be the key witness in the case in Buffalo the following year and assured him that the prisoners were still gathering evidence to be used against [the state) at the trial. When the case went to trial, Bratcher and the other plaintiffs routinely checked their diaries for specific dates of disciplinary hearings and regularly provided dated copies of letters received from Commissioner McGinnis and other prison officials.

Bratcher's letter reveals the importance of jailhouse lawyering in producing organized legal challenges from prison. As Woodward wrote in 1964, although it remained an "indisputable fact that the prisoner's constitutional rights are rather narrow in scope... one clear constitutional right which prisoners both state and federal have under the Federal Decisional Law, is the absolute right of access to the courts for appeals and habeas corpus matters." But myriad obstacles prevented cases from reaching trial. To file legal paperwork, a prisoner made out papers and contacted the notary public, who came on designated days of the week. The papers would be notarized and forwarded to the correspondence office to be mailed. Knowing that most prisoners were unable to draw up their own legal challenges, prisons established rules prohibiting legal assistance from jailhouse lawyers. "Rule 21" Attica stated: "Prisoners are forbidden to assist other prisoners in preparation of legal papers and prohibited assistance except upon approval of the warden." This ban was part of a national strategy to combat prison litigation efforts. In Texas, writ writers were forbidden from having access to legal materials of a fellow. In California, it was known as Rule D-2602. Even if a prisoner wanted to use another's paperwork as a template, officials regarded any writ or legal material in a cell not pertaining to that prisoner as evidence of prison lawyering. Thus, when Martin Sostre wrote Walker, he urged him to copy the writ into his notebook but not to "let this lay around. This is dynamite." Calling pens, paper, and notebooks the "most essential weapons in fighting Shaitan (Arabic transliteration of 'the devil')," he emphasized that Walker should then flush the original down the toilet. Sostre's writs were templates on which a prisoner could simply fill in the date and swap the name "James Doe" with his own.

At Clinton and Attica, writ writing developed into one of the most effective tools used by Muslim prisoners to challenge the state. While the Supreme Court had not yet set forth a clear consensus on the NOI's right to religious freedoms in prisons, it strictly forbade any "direct or indirect interference by prisons or state authorities" in prisoners' access to the courts. The writ writing struggles of Muslims at Attica reveal the ways that prisons attempted to interfere with court access by limiting legal advice, intimidating wit writers, and disrupting the legal process through solitary confinement. Yet Muslims' litigation campaigns were often better coordinated than the authorities efforts to curtail them, as the strategies of local prison officials and state policy makers were often at odds. In San Quentin, for example, prisoners set up a small office where three of them transcribed writs onto standardized forms that were processed on duplicating machines. Meanwhile, the California Department of Corrections was busy attempting to clamp down on writ writers by prohibiting access to law literature and court decisions.

Prisoners also appropriated solitary confinement, which was the principal mechanism of prison repression, and turned it into a site of organized protest. Recognizing that most of Attica's Muslims were already in solitary confinement, Sostre urged Walker to avoid being sent back to the general population. According to Sostre, they "made a pact not to go down until the religious persecution of the Muslims cease[s]." If Walker were sent back, he was told to threaten to bring contraband literature out of his cell so he would be returned to solitary. They reasoned that each time the warden "snatch[ed] an aggressive Muslim out of population, he would send one down from the box and send another one up from population. In other words, he kept manipulating the brothers like monkeys on a string." Sostre astutely concluded that when "the box ceases to work, the entire disciplinary and security system breaks down." NOI members filled solitary confinement until the box no longer became an effective form of punishment. Wardens then had to decide whether to create hotbeds of activism in segregation or undermine the arbitrary rules they had worked so hard to justify and enforce.

The prisoners' strategy of filling solitary confinement predated the developing civil rights strategy of "Jail, No Bail" in the South. In January 1961, a group of college students who had been staging sit-ins at department stores in South Carolina for a year refused to accept a bond and be released from jail. Instead, the nine students from Friendship Junior College served thirty- day sentences on a chain gang, SNCC, the SCLC, and the NAACP soon joined a local desegregation effort, which targeted transportation, libraries, and lunch counters in Albany, Georgia. One of the defining characteristics of the Albany movement was its strategy of filling the jails. Martin Luther King, Jr. and Ralph Abernathya y came to Albany and spent Christmas in a cell. However, Albany police chief Laurie Pritchett had studied the strategies of nonviolent resistance and avoided a national outcry by making mass arrests without the violent reprisals of police dogs and water hoses that etched Birmingham, Alabama, into the national consciousness several years later. As Berger points out, Pritchett had a four-point plan: shield police brutality from public view; arrest all protesters on purportedly color-blind bases, refuse to negotiate with protesters; and "incarcerate, incarcerate, incarcerate." The ultimate strategy, which was perhaps the most effective, was to send protesters to county jails throughout southwest Georgia when the city jails became full.

The prisoners' strategy of taking over solitary dated back to at least 1959, over a year before the Friendship Nine in South Carolina used these tactics. But the temporal order of these two streams of protest is less significant than their mutual theorizing. Both civil rights organizers and prisoners appropriated the mechanisms of local control-jails and solitary confinement-as tools of organized protest. As civil rights organizers in the South and prisoners at Attica undermined forms of state control, the police chief in Albany mobilized a larger network of police and jails, while wardens at Clinton and Attica transferred prisoners to other state prisons when their segregation units became filled with politicized prisoners. Both movements attempted to garner national attention and pressed for federal intervention. For prisoners at Attica, solitary confinement and the loss of good time credit were crucial to their claims in state and federal courts. As Sostre wrote, "We have taken over the box and he is anxious to get us out of the box, especially with the big trial coming soon. So don't let him clean up for we are living proof of the religious oppression complained of in our writs." Filling solitary confinement not only undermined prison security but also built a case for trial and dramatized prisoners' struggles before the courts and the nation.

In both cases, however, the appropriation of tools of state control had consequences. In the case of Muslims at Attica, surveillance intensified statewide, and knowledge production and intelligence sharing on the Nation of Islam in prisons escalated. Despite their similarities, the "Jail, No Bail" strategy has its place in the annals of civil rights history as a her confrontation with southern Jim Crow through nonviolent direct action Meanwhile, the takeover of solitary confinement by Muslims at Attica has largely remained undocumented."

- Garrett Felber, Those Who Know Don’t Say: The Nation of Islam, the Black Freedom Movement, and the Carceral State. Chapel Hill: The University of North Carolina Press, 2020. p. 65-70

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de-iity · 1 year

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