Movenwr,
1990 - 1998

BY DIY BERERC

ARD TOUSSAINT
LOE,
(zoi8)
RETRENCHMENT

Mass Incarceration and the Remaking
of the Prison Movement, 1980-1998

‘The 1980s and 1990s were a lrgely bledk periad for the prison movement.
Central to ths downturn was the splintering of the elements that had made the
movement 4 potent force in US. society. The movement declined aut dd net
<diappear. Inspite ofthe emergence ofa more politically conservative climate, dhs
Period saw a number of rebellions, as well as smaller strikes and protests. More
experienced organizers drew on + variety of tactics to oryatize and mobilize ther
fellow prisoners, including « greater focus on health care concerns, Yet, they di
<0 with les sucess. In some insances, they did not receive the sort of euwside
‘support enjoyed in years past. In other instances they found
isolated from the gener prisoner popalation.

Altogether. prion militans found it more diffiult to sustain the broad coalition
thit had been a key part of exrier phases of the movement. This chang: had to de
‘il Tlongranding divisons amongst prisoners, as well a between prsones ond
‘ouside supporters. Most significantly 't wflscted a punitive shif in con extional
Policy that evacerbated the moversentt own limitations. Between 1980 and 1998,
stotes around the country embarked on an unprecedented prison construction
spree. Many of these new pritons were desigred te limic prisoner contact and abil,
ity to organise, including 2 dramatic exsansion in the use of oliery confinement
Prison managerialam ahandoned the protemic of eluliliaton in favor of » new
Imedet: incapacitation, simply warchousing people in ciges. This philoophy took
bok!» prosecutor: gained vist new powers in charging criminal suspects, Along
‘with changes to sentencing guidelines and a decline in parole ofportunivey thi
Presecutorial disretion led to more people serving mor time in more prises

Exacerbating divisions amongst those in the priscn movement had been a
longstanding response of state officials, but amidst this moment of ncreaed ropres
‘son, thi response would have mere serious consequences. At the New Mexico

 

emeeves farther
1144 14ass Incarceration and the Pion Movernent

State Peiteniar in Sana Fe, oii pushed back against a decade-long series
of work strikes and rebellion by tring toa regimen of repression te undermine
dries kadcskip and bres up seis nascene onion Thi approach wast
finet coneastw the more conciliatory approsch prevalent in oer seas and
lead tothe further deterioration of condisons ther. “By the mid-evenies the
Now Mesizo panitensnry wi physical well as a psychological koro" con
tends writer Roger Morris with the prison’ conditions considered s among, the
fanfst ant mos punsove in the nation, Unlike mio. ils sates, New Mxico
eld the wst majority ofall felony prisoners in one instuon,concentating &
wide range of individuals one fay!

‘Aor tages hey Teac, administrators increasingly wed long-eem se
tation a response even the most mndane rule inffaction, Unable to proses
these condons collective ya hundfil of rsoners metculously documented the
instation’ inkamane conditions in achisaccon sit, Duron. Apa (1979),
Charging cfiias with severe conssutional violations Prior to Darn, lfc
sad aso argeted hove who file sir fev iv sits placing thom abneesde
sik leaders in indefinite soliary conizemeat. Usable to der this group of
slain prison adninisttors effecively stalled dhe cour-orcered negotiations
‘efazng ve make conceuion, oer afer ACL lysine the sit

Talon w chisdeay adinsetors abo began presturing prsorers inform
on exch eshet, Thew facies fayed prsoner ty, they ware dosed w do.
“{Informants} were considered to be weak inmates who could not withsand the
presare put on them by other inmates and taf" explains socologie Mark
Colvin “They were vomileed to te ato 4 svat tht
defined by both inmates and COs (Corectonal Oc 35 2"
did this proces provide adminiitor: with a steady source of anformation,
Slihcugh of dabiow relabiligg it ako werved at 8 mechanism for extorcion
1A clgue of guards tad long demanded protector: money fiom newly arrived
Drseners and their imi, Those who were uablewr uawiling 0 sme up vith
2 parmen would be taneted for beatings. Others could be publicly beled as

“ich jacketed’™-and transferred tothe protective custody unit
Corp yuu and administtor wed tis practice ro enrich themelws,
‘date ther captives, and further drupe prisoner unity. As fastaion withthe
prison’ porta conditiors feed, eapivesineresngly med on cach other,
king aut reprial gsns how thought 9 be tools ofthe administration. By
th end of detade the prion was in deep criss: nearly onethitd of che oat
popllation was eather m punitive segregation or peeve sie

‘On February 2, 1980, shir siwntion boiled oer. Prisoners violendy seed
contol othe masimun-security faity and took 12 guards hostage, Asin ilar
Shnideus over the hat decade, come people compile 4 lit af lnngtanding
dlemands for improved living conditions media acces othe prison, andthe war=
‘dens resignation. Yr this was no orfinay rebelion Many prisoners intensonlly
sought ont the informants held in protective castody. Without any general

 

 

 

  

creasingly

   

 

 
"Mess Incarceration ae the Prison Mavernent 145

rsanication, they grouped themselves into various racial gangs playing upon the
wery divisions prison administrators had helped to foster. Over the course of
2 hours sisters used aomemade knives, stolen Howtorches and othe- implements
£0 ull dens of their fellow prisoners. In parca they targeted those held in
Protective custody Several others died afer overdosing on druss taken fiom the
ransacked infirmary. After National Guardsmen and state police retook the ineas
{usion, an oficial tally of 33 dead amounted to only an edcated urna number
of bodes had been mtilated and burned beyord recognition. Fires ind ooding
ako destroyed key pats ofthe prison. A Tame magazine article described it 2 the
tions “most sarge arison riot... nothing like it had ever happeved before!
Yet this frenzy of savage vielence wasin many ways a reflection ofthe manner in
‘hich the prison had beon managed.

|e was only inthis “ot bloody aftermath that offcials finally agreed to sete
‘Buran 9 signing landmark consent order, with new relations covering every,
thing fiom 2 maximum popuitsion and required ving space ws dscsinary
Programs and medical care. When court-mandited reports uncovered rampant
‘olations of the urderin the summer of 1981, sate oficial launched a fall sete
legal challenge tothe same federal coure oversight to which they had just egreed
‘And within two weeks ofthe violent riot, the ste legislatare appropriated
$2 millon fora more tightly controll siasimum-security prion, ination wo
‘money to repair the damage to the Santa Fe penitentiry, as well as investigate ant
Proecute those who committed crimes during the deadly dsturtance* Ths
would be the Gist step in whit New Mexico oficials later described as a
$56 milion building program to ensur “massive ovethaul of is prison sytem?
Coming in dices response to tke 1¥80 rot, this construction efor sought to
modernize the sate’ prison conditions a well as it adminiemative processes,
It ako ‘ed to 2 doubling of the number of both prisons and prisoners in New
Mexico by the mid1990s, mirocoim ofthe prim Boom aseady underway
nationvide.®

Beginning in the late 1970s, the prison boom occurred just as the orison
‘movement itelf ind begun o recede. In stax air st,» clear pattem creed
‘ougher sentencing laws led to overcrowded faites, prompring cals for mone
Prison beds. Across the country states took Up the imperative to plan and build
new peniteniaies on a sale never before seen at home or abrotd. In New York,
for instance offcis,urable to win voter approval of new government borroer
Ingo cover these cos, mired tothe states Urban Development Cotforaaon, an
agency tasked with building public honsing,to provide the financing that would
sprue Hisonconsructn wthout voter approval Beginning in 1982 he Empire
State add prison beds at a rapid pace.such that in 13 years, the aumber of one
in tate custody had increased almost fivefold.”

[A similar pattern developed in California, with successive gubernatorial
audministations floating state bonds to cover the construction uf over s dover
‘expensive and increasingly specialized prison facilities. Across the county, ofea

 

 

 
146 Mass Incarceration and the Pison Moverent

soon und new facilites Slled to cxpacity not ong after they opened. Crucial

tures ofthis prisor. buildup ske ee increased relance on frolonged slity
confremei, welected an effox to reprew a say lyer af prisoner leaders.
However, much ofthis prson buildup was about what author Christian Parens
deserbes 25 "managing aa containing the new surplus popuations crested by
seoliterleconemie policies” een when she ranks of chore made jbles rough
fuvomation and fictery clsure were not themselves in wbellion® State legis
tures floated new government bones anc squeezed funny ows other pubic
resources & cover the ever-grawing cost of corrections. Calls for even tougher
‘entencing laws begaa to influence state and then federal guidelines fanding, and
orretivnl potcies. In cime, the sare pattern Would repeat ill ever ad oer,
‘vith the maion$ prison population sprang upwards untl ie reached historically
Smprecedented aeight. In 1980, he United Stes incaresrated roughly $00,000
people in prisons ard jais, By 1998, that number had jumped co 1.8 million
peop the overshelming majrity of them hel in state custody”

The rise of mas incaterascn and dhe desiae ofthe prison movemens shaped
each other From the outst, che shif wo a new model of prison maragement was
premised pon the suppresion ofthe prison movemen. State ofcas did not
Timp build more prisons but hey comnisined inereaingly secure riot-prcok,
facles. These aiities were designed ro hold captive a population that exceeded
its oficial capacity, while aso Liang the means by which présoner night swe
shout. congregate together and gain contl of the insituton. Although thi prizon
buileup touched each corner of the coantry. i had its greatest impact in the
broaterseewhof de southern and western US. or sunbele, wher fica m=
ately turned te prison constuction as a way t0 meet the mandates for referm
presed by federal courts, asuage concerss of growing rcialcsonder, and realize
the politisal benefits of what hstarian Mona Lynch identifies 2s turn toward
“symbolially punitve” punishment.” Indeed, chee pressures galvanized south=
crn sates most of tem known fr ehete continent o Salty sd snl pow
ernment, 0 designate ever-lagee budge: allortions to prison construction and
smamugenent.By 1995, his region vas locking up 4 petcent of all ate >isoners
dicrom the nation, even though ie aecounted fora much smaller proportin ofthe
pation’ populition. From Florida and Georgia to New Mesico and California,
the Sunbelt would take is plae a the frefront of ths pron boom."

In addition to adding prison beds, ofcials ako inereasingy reked on finding,
ways to conttl the individual bocies of prisoners thersselves. State ard feceral
prion stems cirned to congo! nis and superuuxinmescuriy facie a a
reans of both dscouraying enrest and solatng key leadersa development that
wwould became a key site of movement organizing. At the ame dime, they ao
weuhe ce coope the purchase prisoner Hegans had ssined i Federal cours. Prison
systems cen complied with court orden fo the excent tat they povided officials
‘with a mandate to modernize their corectional sytem. The moran of tis
“contre model” came ist fm the stat evel, bury she late 199%, twas being

 

 
‘Moos Inceceration and the Pron Movernent 147

<choed by Congres, with fede legislation imposing hassh sentencing reforrs,
funding new prison constrection, and stripping prisoners of hard-woo leg righ,
In spite ofthis rpresion, prsozers still fund opportunities t» organize, effec,
Bvely remaking the prison movemrent to meet these changing conditions

Fight for Control

Tis tom towards repressing the prion movement by isolating prisoners and
limiting thir auseo tothe cutsde world di nottake alace without fight agaist
the most high-profile exarsple of this form of repiession. In the early 198,
Marion Federal Fenitentiary sill considered to be the most secure fulity within
the US federal prison sytem, was once agin ground zero of movement activity,
Ain the pas. it held the most disciplined and committed prison organizers mary
‘of them veteran members of the Black Liberation Army, the Republic of
New Afrika, Puerto Rican independence sctivits, or indeyeditas, Chicano and
Native Amesican organizers, and white antracss, along with some of the mort
violent nonpoliical prisoners, ancluding key leaders of the Aryan Brotherhood,
From Februiry 1980 to June 1583, there were neatly 60 prsener-on-prnoner
aul, with a tetal of eight prsoners killed. However, most disconcerting to
Morion authorities wer: th brazen atccks on prion guards with nearly 30 stack,
on staff, Unible © stem the tide of assaults, federal officials proposed shutting
town the entire facility. When the atacks on staff culminated in the scbbing
death of twe gars, one of them whle helping to exure Thornat Stveetein
notorious Aryan Brotherhood leader, back to his cell afer a shower, offciak
sickly put these plans into action."

‘The guard killings occurred on October 22, 1983, and the emuing lockduwa
‘would continue for the next 23 years. While similar moments of turmoil hed
Prompted prison lockdowns for a given period oftlme,the Marion locidown was
designed to be prolonged and open-ended, In the fist month, offial inten,
ituved Few oxstodal procedures that ranged from designating 2 guan! sepa vo
conduct forced cell extractions to shartling prisoners when escorting them om
{heir cels to routine digital yecal exams. Through these new procedures, prison
oficals efecvely turned al of Marion into a contml unit prion, marked by
Intense sensory deprivation and long-term solitary confinement ® In contast te
‘hemor: targeted punishment ofthe early 19705 the prisoners roughly 250 in
‘oul, were now locked dawn in their cells or seven days a week, Permitted ta
leave their cel forjustan hour a diy toshower orexercise they were burred from
srorking or arending educationa’ programs. Outside contct was restricted to
nly a single ten-minute phone cll every three months. For those with family
member able to afford the trip to southern Minos, prisoners were allowed 4
‘ingle evo hour vst per weck: these were no-cortact visits conducted through a
telephone and a plexigass window. Save guard interactions, they were denied
contact with other human beings. During tie fist two years of the lockdow'a,

 

 

 
1148 Mass Incarceration and the Pison Movernent

these interactions were puneeuated by cell shakedowns by squack of riot gear clid
‘guards who beat roughly 100 handcuffed prisoners and subjected seme of them
to forced rece probes. Despite their elas action lssuits and petitions re Cangress,
‘which oversaw the Federal Bureau of Prisons (BOP), there would be no ourside
intervention t0 top the lockdown,"

In their gh agains salitary confinement a decade earlier, Marion prisoners
had been able t draw on support om both liberal and radical erganizations
Now, they found thenselses further isolated, as federal government targeted and
‘imprisoned lefe-wing revoutionaries. The 1980 arrest of s dozen members of the
rzas Armadas de Libericion Nacional (Armed Force of National Liberation,
dr FALIN),an underg-ouins patamiltry organication of Puerto Rican indepndicns,
in the Chicago suburb of Evanston, led te the survellance and subsequent arrest
of other FALN leaders over the next three years. A separate group of indeperd-
tence activists, Los Michetsras, were arrested in 1985 following a series of aracks
fagairst US, military bases in Puerto Rico and an $8 million bank robbery in
‘Connecticut. Denouncing US. consol over the snd as a eslonial oceupation,
both groups of independisas denounced the legitimacy of the cour: proceedings
and cast themselves 5 Priones of War (POW). Other American radials arrested
fas ths 1970s and 1980s ako declared thereselves palitieal prisoners or prisoners of
‘war. These inchded members of the Bhick Liberation Army tried for helping
‘Asta Shakur escape fom prison as well as menbers of cther urxlergeousnd
groups of the time. After their conv’ctions, oF 1s punishment for dheir onizing
inside, federal officials transfered a numberof these policcal prisoners to Marion,

‘With Zw liberal ongaiietions expresing concern about the conditions in
Marion, prisoners’ ouside support consisted af a group of now veteran meve~
‘mens activists s wel asa team of lawyers fom the PLO. By 1988, anad hoc group
calling itelf the Committee to End the Marion Lockdown (CEML) convened 3
conference dietly concerned with the conditions there, ar well as Ge lager
place of prisons in US. soceety. Held in Chicago, it brought together over
$300 people. Drawirg on the essors of the Attica and Pontise Brohers defense
‘campaigrs, CEMLS conférence eatated talks fom several activists who had teen
hiele at Marion, including Rafscl Cancel Miranda, Rail Salims, and liar
‘Obidele. Although these activists had oaly formed CEML t convene the con-
ference, this group would go on to phy a kad role mn what would become a
15-year struggle to stop the Marion lockdown, A group of lrgely white volun~
teen, CEML ‘ocused on grastoots education anc organizing that followed the
leacership of peope of color. With more
prison movement, they sought to work in partnership with tis leadership, while
‘devoting the bulk ofits activists to reaching other white people and mobilizing
then to oppow racim and polities repression."

11936, for instance, CEML followed the direction ofa cal putforward by the
National Coramitie to Free Puerto Rican Prisoners of War att the Navonal
Commitee to Defend New Afvikan Freedom Fighters ora proves at the gates of

 

 

 

 

 

“a dccade of experience in che

 
‘Mess Inavetetion and the Prison Movement 149°

‘Macon. The call care sn response to the planned opering cf the fist control
‘nit at the worren’s fedenil prison in Lexington, Kentucky. To lth the use of
contrel unt conditions ir bots Marion and Lexiagton, organizes planned a
30-hour demonstration through two states. Inthe months after the 1978 Pontiac
‘bello, supporters had driven several hours from Chicago ta the women's
Fron in Dwight, Ilinois, befere ciravanning on t Pontiac. Arviving fre in
Lexington, more than 300 aeopie raed within 100 yandh of the federal womers
Prison, Later that afternoon, they joined with local residents in picketing ousile
Marion’ prison gates. Speakers highlighted the role ofthe Marion Control Unit
in stripping prisoners of thei basic human righs, wile aio serving as hey fer
ture in the US. governments broader counterinsurgency agains the eras radical
Social mowrment Throughout she United Seats and in Pert» Rico, solidarity
<demorstrations drew fsrther media arenticn and presed the iste. For meee then
decade, CEMLS core of veteran activists annuslly organized similar demonstra,
sions to the grounds of Marion, consistently calling for an ciul to the use of
Sensory deprivation and prolonged soltary confiaement dering -he very nwoment
‘nwhich one of tre mos severe forms ot cenfinemen: wasineressngly becoming
the norm,'®

The BOP’ pins to open a women's control uni: suggested that one of the
‘west severe forts of confinement wasincreaingly becoming the norm. D-awing
on the example of Marion, organizers worried that a women's central unit would
be used fo hold those priscners deemed to be the most defiant, offen sersoned
ratical organizers tried and convicted for crimes related to their political activity
‘The opening of Lexington’ High Security Unit (HSU) in October 1986 con
firmed these fean. Located in the basement of the fedenl prion, ‘he Iécume
HSU was effectively a prison within a prion, shjecting thote held there with
{oal surveilhnce, austere conditions routine guard searches, nese total isolation,
and Constant sewval harasinent. The frst wo transes there were Alejandring
‘Torres, Pucrto Rican independita tried for her links to the FALN and Susan
Roventerg, 1 white ant-imperialst convicted of pessesing explosives, whom
aushorises suspected of also having tie to those involved in dhe Brirke wbbern
InJanucry 1987, federal officals abo transferred Silvia Baraleini, an Ialian national
and ant-imporili, convicted for her involvement in Assata Shakur liberation
‘Over the next year the BOP als placed three otker women consicted of nonpo.
liscal crmesin the control unit, but its purpose ata means of political repression
remained clear As thee women begin te experience lethargy, bitty vision,
‘memory loss and other side effects of prolonged isolation, oficial reiterated thar
ths only way they could be sent back tp ales restrictive facility would be obtaig
a lower security desigmution by effectively wnouncing thet prior revolutionary
commitment.”

Rather thin giving into the demands of their jars, these women refined to
be broken. Outside supporters, including friends and family,joine! this resisance
A group of female lawyers based in Kentucky provided invaliable assivance

 

 

 

 
150 Mass hcareration and the Pion Movernent

kelping them to file @ clas action suit challenging the constizationality of che
contol unit, Building on the inital mach © Lesingon, the Puerto Rican
independence and feminist movenscats plied key roles in drawing wider awen-
tion to the units inhumane conditions. "Committees were formed around the
county co fight against the Lexingzon control uni,” notes Nancy Kusshan, a
former CEML organizer." Much of the energy came from women’ groups and
other: who had not previcusly been involved in prison work." By March 1987, 2
‘number of these groups organized a 2>0-person march t0 the prison ibelf on
Incernational Women's Day, These outside supportes also produced Thrgh ihe
Wire, documentary movie depicting the concitions at Lexington and feararing
inerviews with the Women thetiseles, ler broadeast on PBS.'® In the face of
‘nounting pressure, ofcia agreed to outside ours ofthe faciiy by experts with
the National Prson Project of the ACLU, Amnesty International and othe: orgin=
teations, Rather than echoing the offal account of the control unit. they roundly
condemned its conditions as a violaéon of human rights, going as far a8 > depict
iv as ecretexperiment n poliscal persecution.”

In Oconber 1987, prison offcia anneunced that the Lexington contol unit
‘would be closing. Ths cesure,chey sndic:ted, was not to addres citcismr regard
ing tie lanane seazment of pisons

 

rat solely forthe purpose oF eansferrng
the women to a larger prison in Marianra, Florida. With that facility still under
construction, the Lexington control unit would remain .n operaticn, prompts
renewed call fr its closure. Making mirimal headway with prison officials, the
‘growing movement to shut down the Lexington contro unit sifted is attention
to the clas action sui as ieslowly proceeded to tral In July 1988, federal judge
ruled against BOP offical, nding that hey had unlzwfully designated Rosen
“Torres, and Bandini as mertirg coatol unit eanfinemere solely based upon their
politcal asoeitions end private belief. A review oftheir prison rezords demon
Strated chat ther placement in such restrictive conditions had not been bécause of
heir in-prison behavior, As such, the ruling direcdy challenged dhe sepresive
rate ofthe contrel unit, undercusting ustfications for its we thet rested solely
‘upon the need to thwart politcal epposiion. Yer, the judge's decision was srik-
ingly limited. crested dhe suits Tilt and Eighth Amendment clams, determin
Jing shat tair long-term isolation and sersory deprivation did not rise to the evel
fof cruel and unusunl punishment. In les thaa two years, a campaign organized
against the Lexington contral nit had won is closure as well a tase prisoner’
curizy prison, but in.a way that further entrenched.
the legal reasoning that msututional security concerns outwe yea vonstivational
treatment and basie dignity”

Simi leg reatoning had shaped the 1987 dismisal of a clas accion Lawsuit
brosuhit by Mation prisoners, As they bad aleeady been in the prison when i was
placed on lockdown, the stit had only been fiamed around the corditions of their
Confinement. Finding their aeatment c be constitutional, the judge went even
further in challengirg the eedibilry oftheir clams ofinhumane treatment, For those

 

sranefer kack ta maxima

 

 
Moss Incarceration end the Prison Mevernent 11

‘rpsnicing gaint what had intally been cast asa temporary security measire, the
{owing relance on prolonged iolation was hecaming cles. "The reaivaton thse
fhe lockdown was permanent was becoming unavoidable,” recalh Kushan, “Prison
ficias were no longer refering to « "temporary loccdown,’ but ratier a general
vay of structuring life at Mation."*! Nonetheless, those fighting against the lock
‘down contiued to push forward agaist it. Overthe next several years groupe se

3 CEML, the National Committee w Free Puerto ‘ican Prismien of Wer and
Political Prone, and Freedom Now, regularly held pres conferences, published
‘pinion articles, crganiced public events, and held annal demonstrations outside of
“Marion, tactics mended to not only rae awarenes about thx cantiiors in Marion,
but aso to draw athersinto the prison movement. In 1988, these groupe aso col,
‘tated on the publication of Can't al he Spt, Potcal Prior the US.» cas
lection of prsonen’ photos, biographies, and mailing address that sought to gam:

thent eater public attention. In contast tothe tendency for mavements > can
‘sign around thet ows: polical prisoner, this book suggested the nec for abroad,
‘ass defense campaign that sough: to uphold the princale ofthe prison movement
2 wellat undercut U.S, govemments critasm af other country imrisored di

 

asa whole toa broader base of sappor””

‘The publcation of Can' fal the Spit was not the only innovasve conerivuion
Ide by the struggle against the Marion lockdown. tn thei public presentations,
CEML organizer consitersly linked the Hatan: instanceof plied repression
evident in Marion and the criminal justice system asa racist mechanism of oer
control for the nwt rebellious sections of society Grounded in atistieal data, ch
{groups presentations called attention to the diypnrortionate incarceeation of
Blick men. As carly as 1987, CEML organizers were able to show tht the
imprisonment rat of Black people in the US. was the highest in the worl,
heping to bring to attention the stark realy of what would later be called die,
eporconate minority contnement. The groups organizess routinely sigh to
Inthe pligk of those behind bars to ether sora justice james sich a the probe
lems of AIDS and environmental pollation in prison. On the later iste, CEML
male its mos significane breakuouh, developing a campaign to force the BOP
to investigate and remedy prisoners’ concerns regarding toxic chemicals in the
facility's sole water source. Subsequent demonstrations pointed to the Marion
lockdown as being tantsmownt to torture, but alo, dangerous exposu to unsafe
{eves of erialomethanesané other cancer-causing chemicals inthe fils tap
wats: This campaign developed through the active cllaberation between pris:
‘oners ard ouside supporters, by row a hallnark of CEML: principled conmnit.
ment fe grasroos organizing tht followed the direction of thow divectly
impacted. Afr several years of denying the prodlem exised, Marion’ warden
pullily acknowledged the texicity ofthe water in late 1990, pledging to identify
analternative water source?

   

 

 
1152, Mass incarceration and the Prson Moverrent

‘The opening -weated by this hard-won victory would be short-lived, as BOP
coffcial announced plins t9 build a new prison to seplace Marion as the most
Secure mstiuion in the federal prisen syste. The toxic water exposed severe
lepses in management and prisoner welfare, but BOP officials homed in on a
deeper truth: Marion had not been designed (9 hold hundrees of prisozers in
their cell for piolonged periods of aime, The instimsion’ open cell fronts and
cinderblock wal stiL offered prisoners a small degree of fieedom that ran against
the growing demand for near ‘otal contol. Moreover, tae lockdown had d~
rupted the delivery of frost ané mecical services to prisoners. In July 1990, the
BOP brok> ground on a $15) milion prison complex in remote Florence,
Colode. in addition to minimum,
facility would also include a 550-bed “sdministraive maxirtum" (ADX), or
super maximum sectriy, 1 control unit prison buik from the ground up. Tae
plan for this now fciliry wae one example of a proliferation of control units,
hat CEML te:med the “Marionization” of prison systems across the county.

reace would be the federal prisonsystem fist coatrol nie prison. To provide
sguamk with optimal security, etch cell was made of poured concrete and had a
folid door with a statterproof glss window Located waist high, a specially
fKesigned sor allowed yuaud co deliver food or handeaff prisoners withowr having,
to open the second of two doers, Behind each set cf double-coors, was 3 spase,
tighty-squate-foot cell, with a steel sab and mattres for 2 bed. stee! stool and a
-ané-toilet combinition and : smal black-and-white
"TV. A surveillance camers mounted in th ceiling would mon tor any activi. In
‘contast to Manion’ traditionsd mulitiered cellblck, the ADX prisoners were
housed in small secure pods, each with their ov infirmary, law librery.ard so on.
‘The goal of resrcting prsone's to their cells for as longas posible was ~ilected
in the very design of Florzace ADX.*

[Although CEMLS small core of easoned organiters traveled co different local
communities 9 help build grassroots oppositon to the spread of control unit
prisons, they fzed an uphill smuggle

 

 

jedan, snd maximum: security unis, che

 

 

ska well a6 steel,

 

 

te was Ike stickinga finger ina dike, only co ee iespring ancther leak. Bue
thac didnt stop us, We fle ike we were fighting an ideologies bate trying

to influence people to see things differently and then act on this new

 

 

“This mindset that ayproached priscns as the necessary solurin co presi secial
probleme and shat expresed litle concern for the treatment of prisoners would
become further entienched through the west of the decade.” Jast months after the
opening of Flerence ADX ins 1994,CEML organizers joined cetvis from at least
a dezen other staesin founding the National Campaign to Atolsh Con Units
ataconférence convenes by the American Friends Service Comnstee, With few
eccurces the campaign relied on lcal groups to carry out their own plans, asking
"Mass incarceration and the Pion Movement 153.

rly that they place these plans in a national conte. In early 1996, fr instance,
‘campaign participants held regional hearings and demoustrations that contimeea
t» Place control units within the broader context af an escalating problem of
‘cally dispoporionite imprisonment. At the same time, this limited capacty
‘made it dificult for the campaign to coordinate these lacal sraggle to advone
teyond their paniculzr context. Organizes struggled to uitn ths loose netoeek
into a robust national force,

Although CEML tad experimented with hiring 1 part-time, paid staff mer=
ber they were ulmately urable ‘0 overcome their own internal imitation, mach
less the problem posed by the ever-greater commitment of sate and fede
‘sources to the form of control unit confinement. Faced with the difficulties of
ststaining their volunteer organizing over more shan a decade convinced tose a
CEML to withdraw from the national campaign in 1998, Shortly theres
‘members decided to close down thei own orgarization. Daringits 13-yea exie.
ence, CEML won some sll vitores and snorted a number of approaches 10
Prison movemen: work, Yet, it faced the daunting tisk of opposing the use of
Jong-term solitary confinement, just this practice was bscoming a key featore
of the US. government’ represive capacity Indeed, offcials maintained the
Marior lockdown unt! 2006, when they downgraded the facility to.a mediiim
“ecutity prison, but not before the CEMLS prediction of the “proliferation of
ths Marion model” throughout state and federal rison cytems had ceady
‘come to pas.

Retreating to the Hands-Off Doctrine

‘The increasing relance of federal officials on ever more repressive tchuigacs to
‘manage and contin prisoners was emblematic of a broader shi aking place
within the nation prisons and jis, Rather than locking down older prisens for
prolonged periods of time, sate officials based new construction on the iveal of

*“supermax,” highly secure prison that sought to hold those deemed the mont
dificul-to-manage prisonen.”” These fives, whethor a 1 pat ot bigger come
plex, oras a sandalone orison, extended the reliance on soliaty confinement and
Prolonged incapacitation that had surficed amidst the Marion lockdown, In 1986,
Arizona became the fint state in the nation to open such 3 prison. Three year
late Calfrcia became the second state to do so, with oficial explicy draving
(on Arizona's example in designing Pelican Bay State Prison, Losated in the fe
northwest corner of the state, Pelican Bay would quickly become one of the
<countiy$ rest notoriots supermax prisons. Consequently the ‘Marionieaton' of
the US prisons owes more to do with Sunhele novation, than top-down federal
Planning. Fre fom the intense serainy of groups such as CEML, prison admin.
‘stors acros this region and beyond took 1 upon themselves to pursar the
‘expansion of iong-ierm solitary confinement
1184 ass Incarceration and the Pison Movernent

From the outet these facilities were builtin ditectresponse t the varied pres
sare the prison movement had brought to bear. Both Arizona and Califomia, for
jastance, designed their respecte facilites with a sober ropeet for the prsone~
Fights enumerated by federl courts regarding conditions of confinement. Rad
than secking to directly undermine them, state ofiials internalized chem, but
only atthe barest mirimus, Asizons would cake the lead in chis repped, eperning,
the Security Management Unit (SMU 1), 1 768-bed addition to the State Prison
tt Florence. While a significant instcutional innovasion, as the frst newly built
tupernas in dhe nation, it grew our ofthe lures of Cell Block 6 (CB-6).2 high~
security unit opened atthe same prion eght years catlie Originally, CB-6 was
supposed ‘© remedy Anzoma’s problems of determined prisoner organising,
wereeowced maximum-security ficlities and court-ordered population redve~
on. Rather thin serving a purely dicipliary purpose of short-term administra~
five segregation, ullkials quichly moved to we it Jar long-term, high security

 

housing. According to Lynch, this embrace of solitary confinement “asa man~
agement wol to mantait order and eltictency in she system rather nm as an
individualized intersenticn” distinguished CE-6 from attempts to use Relation
to quell cisturbances and instill dicipline.* Prolonged confinement :0 small
cells with minimal human comacs would hereon be a

 

ss of securing insini=
tional ord:t, as opposed to fostering improved behavior. Although it would take
more thaa a decade for what Lynck terns “postrehabiliive” prison managerial
fam so bocome the norm, ie woul! slimately become a key characteristic of
“This crn toward proonged Solation would nor be without is opponents.
[Although they did not atract the sort of outide protest that fought against the
‘Mation lockdown, prisoners held in che 200-bed urit launched a series of violent,
though largely unccordinated, disturbances not long alter being tensor there
More significantly, shey abso inisiated Black « Riceetts (1984), a succesful cass
faction lawsuit hat prompted some changes tothe harshest practices. Rather than
discrediting the use of leng-rerm solitary confinersent as a fool of prison man
agement, officials sponded by refining his approach, opening SMU 1 2s a sate-
f-cie-at successor. Instead of having a row ef celh face a common cortidor.the
hhew superinax unit clustered 1wo Hers of three windowless cell i stall group
for pod. Video cameras and clear sight lines allowed a sole guard tooth to elfec=
fiivly mioniun the activity of prizoners within several pod. A skylighe at che
center of each pod served as the main source cf lighting, with additional loreent
lighting located ouside of each eel, A perforated mictal cell ont inched sso
through which fod could ke passed a6 well as che means by which priscners
could be securely calfed and wncuffed while still locked inside. Both the shower
nd exercise yard could be accessed without interacting with any other prisoners.
“Amenities not specifically eoumerated by the courts, particularly in terms of
hhuman contact, were kept ata minimum."Very quickly, the SMU took its place
fon the sorrectional landscape;” notes lynch. “Penal dmiristrators from states

  

 
Mass Incarcerstion sd the Prion Movernent 155

all ovr dhe country wanted to sce the new unit California officials toured the
SMU I in 1986 while it was still under construction in Florence, Arizcna,
and they would be the firstin the country to daw explicidy on its highly restrict,
ive model,

Even though the prison facility they visited was sill empty, Califamia oficiale
auickly identiied design innovations that would addres long-standing secnty
concerns. In particular. the pod stmcture masimized guatd surveillance while
‘minimizing the interactior between prisoners. The SMU model leveraged archi.
‘retunl design to futher isola these held behind bats crafting « fcity that
‘maximized the control their castors could exercise over their heise. While far
fom toa, the SMU model was at the time the mas rearictive in the county,
Aside from a few modigesions, ch as iacteanyg he naiber of cell na pod
ffom sx t eight and adding a second concrete ledge to each cell forthe purpose
‘of double-bunkiag, the SMU would serve asthe bass for 1,055 isohtion elle
the Secure Housng Unit (SHU) of Pelican Bay State Priscn. The SHU would ne
4 bigger and beter SMU. According to ‘egal scholir Keramet Reiter, comme.
sional officals waned vo Arizona's SMU not only becanse ois cutting-edge
Assign, but aso in an effortto overcome the physical and legal challenges that the
prison movement previously posed. Even though more than a decade had passed
Since George Jackson's 1971 takcover of the San Quentin Adjustment Center,
this example had demonstrated that prisoners cculd gain control over what were
shen understood to be some ofthe sytem's most secure files. Over the yen
tat followed, California oficial sought to both isolate those asocined with the
bloody revele and create a new ficilty tht could more securely control thove
Prisoner deemed the most difficult te control, Reite: explains ites fllows

 

At San Quentin (and also st Folsom, Soledad, and Tehachapi) in the 1970s,
tard kept any prisoner who had been ave in the Black Guerilla Famihy
‘or who wasbelieved to be associated with George Jackson in his cell around
the clock .. By the mi-1980s prison offcials in California were raking
Bans to turn permanent lockdown im a physic ferare ef che system ty
building one of the fist supermix prisons.”

Even a: the prison movement waned here and other states acras the country,
fica sallough to ensure tha they would net again lve control. particulary
inthe places deemed t0 he the most secure,

By crawing on the institutional innovations made by their Arizona counter
eve, Califousia official also sought to avoid the legal hurdles tha: had been raised
by seties of prisonerinitited elas action lawsuits. At the center of ths kal
challenge were three lavsuits contesting the lack of adequte dee proces in the
2signment © itolatior as well w the poor conditions of these soitary cll
‘The first of tse wits was filed in 1971 from the Adjustment Center by Soledad

 
1156 Mass acarcration and the Prison Moverrent

Sx filed the second two yeurs later to challenge cheirindeinite solitary confine-
rent sfier the August 1971 revolt, In 1976,a broader classaction suit brought by
hundreds of prisoner
‘vould join these suits Consolidated is the Tousain cases these classaction suis
nhised shocking claims regerding the unconstitutionaity of isobtuon assignment
bicarigs a well as the conditions of lonp-term lockup. And although officsls
attempted w cast the alain as the states most violent and predatory prisoners,
these claims gained a tayorable hearing. Fo= nearly a decade, x etal couse man
sated Key procedural and instietional reforms, while placing increasing pressure
‘on prison afficias to reduce the poptlation of those in inceterminate isolation as
ts numbers coniniue w giow, Facing the presuare of costly and contversal
reforms, including poptlation reductions, improverrents to hearing procedures,
find expensive tuildiag repairs, offidals tarned to the construction of a “new
Ligh-iecurty prison ro replace the long-term lockdown unit a San Quentin’"3s
ew prison construction woule nor be stbject co oversight stemming from t2e
Tussi cases.”

use asthe prison movement had brought about greater public scrusiny of what
took place behind bars, he corstruction of Pecan Bay tok place at a moment
fn which officials were becoming increasingly succes at avoiding ouside inter~
vention, particulary fom the elected officals and feceral courts. Indeed, as Reiier
drgues, Pecan Bay would be “designed, uil, and operated with hardly any les~
isharve, jindicial or executive oversight.” By the mid-1980s, state officials tad
‘minimized the State Legislature’ involvement in prison construction by develop
ing unique meciods of funding prison conseruction, Gest shrough veter-approved
szene-al obligation bonds and then, by the time Pelican Bay was being 2lanned,
through privately Funded ‘ease-reverue bonds. By avoiding the routine budgetng
procem, these fanding mechanisms allowed a Joint Legistie Committee on
risen Constrection and Operation (JLCPCO) to crat the proces of prison
building accountable only to a core group of prson bureaucrats executive officals,
and legishtive ssistants. Consequently, the bill that would preautkorize Pel
Bay’ construction in rurd De. Noite county said lle beyond the fact ehat half
lof the new meximussecusity prion’ eells would be used for “special cas”
Designed to minimize the input of elected officials, who could pose questions but
not determine how the new facility would be bile the JUCPCO' proces left the
prion offcialsand their supporrercin the State Asembly with wide discretion on
the condition of confinement, Offeing few specific detai about the new facility,
the bill authoring Pelican Bey’ construction passed Luth houses without a dis
senging vate. Opening its doors in 1939, Pelicar Bays SHU would boast the
most severe form of isohtion in any prson in the nation, displacing Florence's
SMU an dhe new archetype for highly rewictive incarceration. One of the
first prisoners to be transferred there, and would remain, was Hugo Pinell,
44 Sen Quentin Six defendan: who had been held in isolation since the 1971
‘Adjastment Conter revolt.

four of the state's maxi

 

im-security isolation sits

 

 

 
"Mass incarceration and the Prison Movernent 157

‘The design and authorisation of Pelican Bay’ contruction exemple the pro-
«es by which this peiods prison boom undercut putlicovenign ofc aded
more new prisons during the decades of the 1980s and 1990s than the teal bale
during all the deeaes price In addon to inceaing the number cf praon beds
vail, this prison boom abo changed the wayin which many nisoners wouldbe
‘ck. Jen the “Big House” prsons ofthe 194) and 19505 sewed x the physical
context for prison manages, so t00 di thee new fiir comereue © nat
toward fiber solaon and incpaciation. In contnst tothe progresivereloms
agenda that shaped th earfer round of prion developmert, a five or “poste,
tabiliaive’ philosophy would be reflected not enly in facilities such as Forene'e
‘SMU and Pelican Bay's SHU, bt aly les restive stings. For socologet Joan
Irvin, one of the prevailing modsk ofnew prison contract hrs been the vane,
ous prion,” a lage, secure fly, with the overriding objective of housing and
<ontrellng a» ofpescl to reforming the bebavior of thse they held

‘As result, these new prisons were offen dedgmec! with litle space for reerex
tional actives, ccademic leing, or vocational taining. Instead, “ecuniy, fhe
ciency, and economy dominated the planing and contructon of mos aew
Prisons” Invin agues” In contast to the “Big Howse” prison’ large-scale
Docks that housed hundred of prisoners on multiple tes, these new felis
Pacedan emphasis on smallrhoasingsit, primarily so that unc cold obserre
and controll movement in and out cf ell from a secure baton, In place ofthe
pen cll bas an regular guard patrol, these nev icities ried on sod etal el
fons, electonic door, and video survellnce. Unpsinted bailing: of pectii-
«sted, stecleeinfrced concrete shbs and double fences tpped with reer wie
replaced the imposing gates and grand oneree wall ofan ener period. Te bene,
ft fom the sale of former firmland, many of thee new prions would be hii n
remote pars ofthe ste, offen hours fom the lager town: and cies whone tet.
<nts would now find thenselve: behind bir. While Pelican Bay wed come to
serve a the mostextrene example ofthis ew philoephy ofinarcention mary.
‘ofits charctesnics would soon be rected in les restrictive instutions=*

‘This emphasis on security and control would even be reflected in ail, wheve
sndividaals who had not yet been convicted oft crime were sil undersood to
rest ther basic right: This end sas best exemplied by the intmnducton af
separate holding eelbiocks, or modules, a: Los Angeles County Jail for those
‘espe oC having 2 gang tition. During the mid-1980s, the 4810 or “Crip
"module" woald become the most well-known, «much fori violentand parte,
conditions a: for ts prictce of separating several hundred lleged Crip mersbon
fiem the generl popelaion. This separaion was symboized by having thers
wea grey jumpstits a opposed the blue ones worn by mast other deiner,

stead of 4800 being a module to contain us and Kep the general popuaon
$36 revallcuthor Sanyink Shakur,“ became an intelligence gathering satelite
{or law enforcement ~ probably the true purpose for which i was originally
<evgned"” Accontingto Shakur sheriff deautis used the modele to survey the
1158 Mass Incarceration and the Prson Moverrent

activites of rival Crip sets, routirely changing ter and cellassigamens in 4 mar~
ter that father aggravated tension between them. At the same time, efforts 1
reolve these tenions and snify she contending Crip sets intermittently mened
the module intoa site of potest

“Ths cum toward fostrehabilatve prison managevalism would a80 be fc
tsced by a shift in how the federal cours—noably she US. Supreme Courr—
intervened in prison isues. Through the 1970s and 1980s, disrict and appecls
courts continued to fallow the kad of the Waren Cou, cowplling insivideal
institutions and even entire prison syems, to recognize prisones' procedvral and
substantive right. Yet, under the leadership of fist, Chief Jastice Burger, and chen
hin sauces, Wiliam Rhngui, the Supreme Cours conservatives increasingly
tacked avy from an enforcement of prisoner righ’ and toward greater defer
fence 16 prison authorities. This shift was akeady evident sm 1975, 8 court rulings
jn Revie. Palngian, Meahum. Fay, and Mostanycv. Haynes undercut tempts
‘© impose on prison officals addivienal procedural equiremeats it. disciplinary
hearing. In each decison, the cour framed their approach as x “matual accom
:modation” of both irstixatonal needs and constuticnal norms.”

‘By the early 198s, the coare’s prisoners’ rights decisions retlected greater
deference to prison adminisstors than was often granted t> them by lower
‘ours. In Rhodes v Chapm (1981), for instance, the majority overturned district
and appeab court decisions that found that the doutle-calling of pisoness atthe
overcrowded Southern Ohio Correctional Faciity (SOCF) in Lucawille, Ohio, to
be cruel and unasual punishment. "The Constiution does not mancate comfort-
able prom,” used the court. Ifthe conditions behin¢ bars are “restrictive oF
even harsh, they are part of the penalty that criminal offenders pay for their
offenses against society Simlrly, in White v. Albers (1986), the court dhew
‘out Gerald Albers cil rights sit stemming fom his being shot while attempe ns,
to phy a peacemaking role dusing the course ofa riot and hostage taking at she
‘Oregon Sate Penitentiary. In Bis suit, Aller lad allzged chat guards ad violated
his Eighth Amendmeint rights in shooring him, grounds fora suit that Fad been
slsmissed by the district court, but upheld on appeal Ratner than alowirg Albers
sui © go forward, the court hald that ax authorities acted in “good faith effort
to mainain or restore discipline” as opposed to “maliciously and sadistcally for
the very purpose of sausing harmthen they should benefit fiom deference finn
the cones! While the Burger court acknowledged that prisoners had cerain
righs ané did not go 2s fir as :0 revive the hands-off doctrine ofthe early twen~
ticth century, demonsraed
decision makirg of prison administrators

Following the confirmatioa of the new Chief Justice, Wiliam Rehnquist 0
198, chs end of incressed deference only continued. Through the kite 1980s
and early 1990, the court reflected a more retained approach to aidresing
{sues ranging from religious Feedoms and due proces protections « prison
‘conditions and habesscnpus petitions. In doing so the Rehnguist court narrowed

 

 

 

 

increasing unwilingnsss to interfere with the

 
Mass incarceration and the Pon Woverment. 159)

2 numberof Warren and even Barger court precedents that bd been cea
fovorably with dhe igh of psoncr Pa val striking was th: court’ dei
Slomin Tamer Sfey (987) eve arg fom pisoner-inated sues aginst,
Minauri Depirtment of Conections teglaions probing inate--iate
Conepondchee unl reaiedng  prsenere right to aaery While he lower
hue et drawn en 2 prior ling Pere Marines (1974, find the rules
cnonstnionel abridgment of fandamental nigh the Supreme Cour reversed
chem and suggested shar the courts should have apolieda “Tegimete penological
interest" test." This approach calle¢ for greate- judicial restraint and was grounded
tan imterpetation of sever casey lading Maines, Pe Pace (1978,
vial fone Nort Carona (1977) in whick the cours upheld restitions on
prioner’ fundamen ight. The cour upheld the correspondence rule, but
eck dwn the mursage nrc, wile ao signaling toes ede jue:
“Toner ded courts wee tobe nse to sepation of roves concert: and
Should dle othe Judgment of prsca adniniraon 25 much ponte!
Relecting the Rehnquist cours deeence to jac rearaint on mates of
pone righ thi sendard woud help to havea sigs impact on subse

‘Over the next several yeas, juices wed decisions a Hiion x Seite (1991), 2
cess doing with Eighth and Fouteenh Arendinent cin ove the condions
Sontaemene sel Rui whanau of Saf Cm el (1982) 2 case ievolving
the mociBeaion of cour-monitord conse: decrees, “encourage lower eur
to pelo the suthoity stand loc ofc npn all dingo
“The cour woul end snr sigas with Famers Brenan (19%) 2 urarimous
desiior thar sta high sania or poner suit clning Eighth Amendment
Chuan ell wit Sin Caer (195) lig de mao Be o>
Coe preectans in deplinary hearing. Taken tgs, thse decisions sale
Geuteane "ewe ron pris staan of adic inervenon

“Thicrmear ould hive stark consequence forhow the courts woul approach
sone ofthe most egregious example of prisoner ght wolatins. [nce et
Sous te US. Dice Cour fo Nontiin Clie would begin verging
dlkyatons of anpane guard abuse and prone: neect ct Pelean Bay. These
STcaonnwould serves the Bass for Madd Games. cls ation suites
dhe the condhion: of conSnemen. Wibin one rar oft opening the pris Wak
were encernred with 34 psonersdouble-banked im SHU ces, By 1995,
hundreds more were doube-bunked leading © OAD offal receded ie
bepwcen celmate, However thee Sighs were only one category of violence, 3
the puns routinely sought to demonstrate their dominance, not only by beating,
‘Moot unl sag prenerbut ako by denying them adequate medal and
tren heah car, Aer months of tstimeny, judge Then Hendeson,one ef
the mat iberl jes inthe county sued ring tha: ound key aspects of
Pica Bays conditions scontinitoml and mandated cour ovesight unl
tefonnts had bewn carved out. The 188 onder aldreved the pater af excesive

 

 

 

 

 
"160. Mass incarceration and the Prison Movement

fore: by guards, the inidequate provison of heith care, and the housing of
Prisoners with preevsing mental health illnesses inthe SHU"

Scrkingly, the order highlighted various examples of the SHU’ unconaieu-
{tonal operation, but did not find the unit itsef to be unconstiitional.“Although
Henderson ws crircal of the supermax coutiol units” Reiter weites"Mafd
provided a roid map for resdering them consttutional, mich as the 19708
litigation abou Califormas Adjustment Centers and lockdown units provided »
road map for Pelican Bay." While this opinion applied prior prisoner sight”
ase law it also drew on a legal framework that set linits en soltary conte,
‘ment, bot never required the complete eliminatien ofits practice, The Modell
ruling extended this practice, while abo deferring to the administrators! cline
regarding the dangerousness of individual prisoners.” In 1995, there were a
least 20 sapermax prisons in the country; over tae next decade that number
nearly tripled. With the core function of, ad rationale for, the SHU deemed
<onsitutonal she Madrid case would ultimately help te shore up the legality of
long-term solitary confinement, affording control units less scrutiny. at the
very moment in which their model of long-term solitary confinement vo
proliferating

‘Lows carting 0” the right of prisoners to sue in coart would wean comple-
Imentthe increaed discretion federal courts were afordingto prison administrators
[A year after the Madrid decision, the fadcral governuntnt would draw on the
Supreme Courts example by enacting two key lav that would farther vonstain
the ability of prisoners to access the courts. Designed to decrease the volume of
prisoner-initiated civil sui, the 1996 Prison Litigation Reforms Ace (PLA)
made it harder for them to get relief rom the cours. Th: PLRA enacte! astiet
<rhaustion requirement, sipulting chat plaints hud ¢ fis ttre to remy
their complaintthrough administrative measues. Ilo limited to three tae num,
bet of favolous cases a prsoner could fie, required them to tke on court coves,
and narrowed the scope ofinjunctive rei that federal courts couldimpene ® ron
iss pac, the Ant~Terorista anc Efective Death Penalty Act of 1996 limited the
‘ight of sate prauners to bring habeas ors pestis t federal cours by impos
ing more eringent sundans. Prisoners, particularly those on death row, nov hee
‘© contend with stricter fling deadEnes, clear limit on succesive peiiors, cad
rules equiring feral courts te further defer to dedsions made in tate cininal
<coure.” Although these laws didnot mark a fll return tothe hands off doctrine,
‘hey complemented prior court rulings and adninisratve innovations to afer
comprohersive effort to roll back the gains ofthe pron movement by hiring
‘court oversight over prison operations,

 

 

 

 

  

 

 

The Struggle Continues

With these new prisns designed to curl coletine scion, disidene prisoners
pursued a mumber of tactics focused on maintaining. the prison movement
ass ncarceation ana we Prson Moverent 16

‘momentum, They wed che same measures that had susained the prison move~
iment in ether 2eriods, Same tried to prison newspapers. Other organized study
groups. A handfal sought¢o build o= retain cadke organizations Sil other focused
fon asisting prisoners with basic iteracy, spritual fulfillment, and health care,
In Louisiana, for instanes che Angola Special Civies Project used is newsletter,
‘The Angle, ss part of broader peer education effors to involve prisonersin policy
lscassions ard survival strategies throughout the 1980s."" For a hindfil of
longtime orgnizer, this activism was the basic stuff of survival, premised on
veloping prisoner self-reliance at a moment marred by declining public attention
Few ofthese «ffors broke our beyend the yrewing sense of olution,

‘One did combine politcal education with spiritual practice, Launched by the
[BGF in 1979, Black August was a vehide by which San Quentin militants could
honor the martyrs of the Calfornia prion movement al kiled in the momh of
‘August. This included promivent figures such as George and Jonathan Jackson, as
\wellas the les well-known William Christmas and james McClain, wlio wesc billed
alongside Jonathan, More directly, it came one year afer the deat of Jeffery Khatari
‘Gailden,a BGE comrade of Jackson’ who guards ind lefeto die from a head injury
sulfered Uunies game of touch footbal on exe yard of San Quentin’ Adjustment
Center. Although not well known on che oatside, he was well rspected among.
‘oiler prisones, paticultly those e'a younger generation whose political devslop-
sgn he had helped to marmie.

Prior to his sudden death, Gaalden had helped devise 2 new way to honor
their fallen comrades in a way that blended radial politics and spiritual suste
nance. These discussions ulkimately developed into a month-long period of prin-
Cipled weilecion and self-daciplin, where parscipants, much like during the
‘Muslin holy month of Ramadan, fasted betweer dawn and dusk, Blending rel
tious asceticsm with nationalise militancy, they ao ergaged in rigorous exercise
and political stady.and eschewed drugs alcohol, and other immoral bebavior. Ané
jn a practice reminiscent of the sient cbservation of lackson' kiling prior :0 the
‘Atica rebellion, prisoners marked their participaion by wearing black armbands
and boycotting amenities sech as radia and elevsior. Black August turned the
tables of normative prison practices, whereby olfiials cscipine prisoners through
the derial of privleges Is asceric practices withdrew the power ofthe prison to
Uiwipline them. Organized asa period of cemmemorstion,Rlark August was not
just a protest bur abo a pracice of renewal."

From the outset, Blick August drew consderble atention. Having previously
shandoned is surveillance of Jackson’ BGE the protest drew the FIs atention.
-Memox from its San Francisco ofice echoed correctional department warnings of

ned assault by BGF malitans, For thei par prison official placed hey facile
ices on lockdown. Rather than sormang the prion walls, outside prison a:tiviss|
rallied nonviolenily. On August 25, 1979, a group of prison acovists organized 2
protest in support of those abserving the month-lonz commemoration. For the
pist ovo years the August 21st Coalition bad used the date of Jckson’s death 10

 

 

 

 

   

 

 
‘162_Mass incarceration and the Prisen Morement

rally oubide of the prisons gates, Besides calling attention to these prisoner”
2ctions some of tei ouside aipperters alo observed Blick Augt, linking them
‘With politically conseiow prisonersin a somber celehraton af resistance Over thee
next several yes, it would be observed in other prsonsin California and beyond,
‘with new adherents using it ss on opportunity 10 mark the recent memecn of
Prison radicalism asa central part ofthe longarc ofthe Black freedom srpole

The BGFS involvement in the development of Black August also renewed
interest in it among prison acivist. Jackson envisioned the BGF as « clantenine
network of Blick militants, a training ground for urbar combatants schooled sa
Marist theory and committed wy revolutionary n:tontm. et, is emphash on
retalatory violence agains guards and its ensrement ir the hlack-marbet prison
economy ako reflected a strong teadency towatd pred:tory behavior, As more
‘explicitly socialist organizations such asthe Blach Panther Party recedea,.the BOE
hheterodox mix of violent criminality and communitaian ethos fled void
X: caplicidy carried the mante of Black liberation within Californias racally
segregatec camps, ata mement when prizon gangs, tom the Aryau Brotherhood
to th: Mexican Mafa, began te dominant the politcal landscape. Although it had
2 more explicitly political oriertation than ts counterpars, the BGF also reflected
the do-or-die mentality of ocher unsanctioned organizations. Iu lead role in
Preserving the historical nemery ofthe prison movement through Black August.
reflects where things stood duting these lean years,

Perhaps the most impertant form of prisoner activism in the 1980s and exely
1990; was the fight against HIV and AIDS. Prisoners had lorg voiced concerns
bout inacequare medical are ht the AIDS epidemic exucerbate! thee prob,
;£msin a partcealy dite manner. The AIDS epidemic hit prisons hard, binning
in the mid: 1900s. Around the country, the US. government was slew to respond
to the outbreak of HIV in the early pat ofthe decide. Ronald Reagan stymied
‘fore to research cures or even support public health education efforts around
the disease By the end of his preid:ncy.an eximated 5,000 people had died of
AIDS-related illnesses and nearly 180,000 people had either HIV or AIDS, As the
discs was known toaffect gay men ind intravenous drug users, homophobia snd
the drug war added further stigma t the oficial neglect to support research or
otherwise work aggressive'y to stop che spread of HIV and AIDS. As the war on
drups and mas incarceration ravaged Black working class urban communities so
two dil the AIDS epidemic.

‘These fsues of neglect and discrimination were fixther magnified inside
Amerccan prisons. In prison, drogs and sex were orohibited but present et
condoms were unavailable and clean needles hard to come by. Further, medical
‘are was alvady lnited. The lick of research and prevailing sigma attashed to
AIDS was expenentlly magrified in prison. As people i jails and prises
showed sigas of HIV infecsion, they were offen quarantined fiom the ree of the
Popuiletion and lft to dic. Others were subject to physical abuse. Guards often
Placed HIV-posiive prisoners in soliary confinement simply asa rsule af eheie

 

 

 

 

 
Mass incarceration and the Prson Moverrent 163

Giagnosis, and some prisoner destroyed the cell: of people who were HIV-
postive In Leuisiana prsoners wich HIV or AIDS were fovced to wear electro
Shock “stun belts” while being tansported to and from medical facies. In
addition to the cheat of “excruciating pain’ the belt abo ennounced the HIV
Satis of prisovers 19 the test of che prison. In shor, these were Few efforts to care
for the sick or educate others to prevent further infecion. Prisoners who were
Hiv-postive,as well as gay prisoners generaly, were subject ostracism and vio-
lence

 

‘Among the first people to challenge such negligence inside were political
prioners and jailhouse awyers. They 0k tir cues fis the AIDS movement
oncentated in gxy and lesbian communities they emhasized peer edacation to
prover farther trnsmision, ook care of ene anothers health, and demanded
adequate inedical care for people living with HIV or AIDS Doing so meant con=
Fronting the intransigence of prison officials, who too often seemed willing to let
largely Black and Latina populasions of presumed drug users oF gay and lesbian
prnoners die It ako meant conffonring homophobia among other prisoners,
bios often prevented people from engaging in practices that would reduce the risk
cof transmission,

Perhaps the most ambitious arogrms emerged in New Yerk state, where
several politcal prisoners launched programs that saved countless hives. In many
Sroyn the AIDS movement in NY prisons combined the peer education work tha
the predominantly gay and lesban AIDS movement was doirg, with legacies
inaerited fiom the Black Panther Party of serving the people” aud confronting
lgsvernment negligence or abuse. By 1988, when AIDS was the leading, cause of
‘death among New Yor< prisonen, political arisoners had launched dynamic peer
tecueation programs w counter the spread of the disease and demansed greater
medical care

‘On December 13, 1986, Kuwasi Balagoon died from AILS-relted ilies.
Valagoon was a member of the APP and BLA. He had been a defendant in the
Panther 21 case (1969-1971) and was one of those who went underground
aferward. Balagcon vas a particulaly daring figure within the BLA. He was
lrrested ice in the 1970s and escaped swice, both times returning underground
te help other incarcerated redical escape. His fil arrest came afeera BLA attempt
torub sDriahs wuck o/1.6million on October 20,1981, went wrong, A shoorout
“wih officers resulted inthe deatks of one of Brink’s geards and «wo pelice offices.
Four people were attested at the scene; several athens, including Bagoon, were
arrested in the months cha followed He ultimtely stood trial with Judy Clark
and. David Gilbert, ewo former members of the white ansracst Weather
Underground Crganizacion (WUO}, who were acting © get-away drivers in
the robbery, The three barely participated in their :tial and were sentenced :0
He in prises

[fier Bulagoon's death, his cadefendans each became AIDS activists. Gilbert
was then confined at Auburn prison; Clark and Kathy Boudin, another former

 

 
64. Mas incarceraton ard the Prison Movement

WUO member arrested 2 the scene of the Brink's robbery, were a Bediond Hille
Fack of tem sudied what they could zbout the virus as they laid the ground

Powerfil in prison. Many pritoners distusted authorities, and they needed the
space tn fon discus acs (uch 4 semtal activity or erg se) that might have
sotten them in trouble if admited to guards

%: Auburn, where Bilagoon had been incarcerated, Gilbert worked with
Mulchid Farid and Angel “Papo” Nieves to set up the Prsones Education Project
‘on AIDS (PEPA), Farid was aailhouse lawyer and active in the prison’ Mune
Community; Neves had been organizing programs for Latino prisoners, The
three of them served as co-chairs, working 10 overcome the tion raced
{35 well as elgious and social) divisons inthe prison, PEPA began in 1987; fae
Year. ewowhins of the deathe in NY prisons were from AlDScrelated illnewee
150 people, out of 1 privon population of 49,000 people). PEPA was the bret
comprehensive peer education program around AIDS in prion, and it model
spread to other facilis. Is eflorts challenged the siigms attalied 10 the divese
held by prisoners as well as guards and other officah,*

ArBedlord Hills, Boudin and Clack ukewise joined forces with other prisoners
\o launch the AIDS Counseling and Education (ACE) program in 1988. ACE
bad a larger profile than PEPA,in part because the women's prison was slower to
‘doptsome of the reforms thatthe meu’ prisons di ater Atica, Thun the AIDS
crisis hit Bedford Hills in a moment of flux, whereas the men’ prisons ware
already entenched and therefore able to withstand such presute. The clas aston
beaut women fled in 1975 t potest abusive conditons, Powe ant ws nally
‘solved in 1981. The resolution established a find of $125,000 for improving the
Friton, Placed inclarge ofthe funds, orisoners “expand{ed] the library colectien”™
"with an eye toward both Afican Ameican history and Spasish-hngunge materi,
‘hire an educational consulta, and buy computers for busines clases” The
lowauit aso forced ths Department of Corrections (DOC) to replace several of
the to» offils 2 the prison, a key demand of the prisonets and theit hweyan
The DOC hired eral adrunsstator and launched & series of eforns,inclodg
‘expanded family visiting, with the goal of reducing prisoner lavauite’S

Not all the changes wer: postive, however. The worten’ prison population
increased by 28 percent in the erly 1980s causing severe overciowding and ad,
ing farther strain on an already inadequate medical system. The state opened a
‘ew womens prson and shifed Bedford Fills fom a medium security fay to
‘amaximum security one after Howdin and Clarks arrval chee, Boudin and Clk
"were frst eld in isolation and official tightened security inthe prison ay whole
fence they held the two radicals. Blak, Latina, and white prisoner leders circa,
lived a petition calling for them to be released iin general popusation, which ako
‘eed the imensive monitoring of other prisoners’ mebilty =

Even withthe expanded progr ing. the Frisonresiged eos they saw as
‘overtly politcal. This included, in the early 1980s, organizations sch as Wonnen

   

 
Mass Incarceration and the Prson Movement 165

[Agunst Injustice and Vielenee, which scught to empower survivors of domestic
violence (including those whe were incarcerated for killing cheir abuser). Iealoo
extended the initial effors to establish ACE. Offical supported the group's edu-
cational goals but opposed peer counseling, which they saw as organizing inmates
Some gus she spread rumors about participant in the program or rfid to
tramport women to the counseling tea. But ACE prevaied. It esablished
“buddy system,” whereby women took care of prisoners with AIDS-related
itlnes. The Bedfon! Hills soperineendent was more supportive of heir effors
than the wardens o° Auburn or other men’s prisons, and she ultimtely supported
their counseling eflors—especially once prisoner lawstts challenged the quality
ff medical cate. The prison’ close proximity to New York City embled the
‘worsen :0 work in partnership with several scholars, doctor, and activists there.
‘This support fiom the superiatencent and outside scholars and doctors garnered,
ACE a $250,000 grant from the AIDS Instiute. In 1998, ACE members wrote
land pubishee a book about their effors, Broking the Wall of Silene”

[While New York generated the biggest AIDS programs, pritoners in other
states pushed their own efforts, Radical lest Linda Evans, Susan Rosenberg, and
Lanra Whitehorn were incarcerated for Loupitirg to bom pole ation, the
USS. Capitoland ether governmeae buildings in protest of war and racism in the
ceatly 1980s. Each one started AIDS education and counseling pregrams: Evans at
the federal prison in California, Rosenberg at she Washington D.C. jail while
awuiting tial and Whitehorn a a series of federal prisons she was incarcerated in
‘over a [4-year period, These efforts net only improved the quality of wealth care
‘hut empowered women as sel-advocats.“In every prison Ive been in, when we
start doing ihe AIDS work effectively, ies meine that everything improves.”
‘Whitehorn siid."TheteS an ovesll direction cha picks people up and lands therm
inthe center oftheir own humanity fs 0¢ something you can necesariy articulate,
But it exists in the looks and the touches and che being together shat we can give
sich other"

‘The poo: level of cate in prison radicaized many people, especially people
who were themselves il. HIV-positive prisoners in Alabans, California, and
New Hampshire went on strike to protest inadequate mecical care and the lack
‘ofservices for people with AIDS, Members ofthe grasroot direet-aetion organi
ution, AIDS Cuulsion co Unleash Power, aged demonstations a the gates of
prisons in California and fought © provide condoms to city jilsin plces such
PPailadelphis. In the federal prison syicem, Jimmy Magner begin PIA Ra
popular newsletter disritned nationally to people with AIDS (PWAL”

"The fight againse AIDS iso spread to a broader movement for health care in
prison Mary ofthe prisoners involved in pect wunseling forts expanded their
telortsto include other communicable diseases sech as Hepatitis C first discovered
jn 1989. Prisoners used peer counseling to empower one anothes and litigation 10
force asthorties into providing prope: medical care In Calfornia.an incarcerated
‘woman named Charise Shumate taught other women with sickle-cell anemia

   

 
 

‘ate, prisons would cnsure medicines without undue lapis ordelays, and medical
staff woull offer preventive care,
and mammograms”
‘omen Prisoners (CCWP) in 1995, which continues to advocate for the rights
oF incarcerted women and waangender people, as well asthe freedom for woren
who, like Shurate, are incarcerated for killing their abusim partners io sete,
‘eferse. While CCWP continues, Shumate died in prison afer the governor
‘efised the parcle hoard’ recommendation that she be granted clemence

By the late 1990s, many ofthe peet counseling programs had become recog
nized, sponsored organizations within the prison. They forcee prison official to
Provide the proper d-ugs and other medical cae to HIV positive people Yeu the
situation remained die. By 1998, an estimated 25,000 people in prison were FIV.
Positive, and the rate of AIDS was sx times higher in prison than in the rest oF
society. One-fifh of Bedford Hills alone was HIV-positive. Insttntionalisnton
‘ko meantdisempowering he atviss who initatedthe challerges. All 30 partici,
pantsin an HIV clas at Auburn in 1987 were ranserred out of prison, and for
the next several years Gilbert was transferred from arson to prison to beak up
hi organizing"

‘While many AIDS service eryanivatiors did not even work with incarcerated
eople, those who did struggled to get jails and prisons to allow condoms ot ether
‘mechonisors tha: would reduce the threat of transmission. Neverthelew, these
cfforts prevented an even greater outbreak ofthe epidemic fram hiting American
Fasoms. This made a tangible, ifless direc impact on the number cf AIDS coca
wen. Most pritoners go hack :0 their home comnauites a some point. st
ines or dscase travels from the streets to the prison, 0 t00 can it tevel fea
Fecon back onto the sees. The ight against AIDS in prison was therefore a fight
agains the broader marginalization of the working-rlss Blick and Latinos exe
‘munities where civestment of stite resources made the disease even more deadly

 

  

 

 

Seeds of New Struggles

(On Easter Sunday 1993, hundred of prisoners held at Southes1s Ohio Correctioral
Facility in Lucasille ebelled, taking eight guirds hostage, Located in 1 sal
evn, the maximant-security prison mostly held Black prisoners ffem the cites
of Cincinnati and Cleveland. A cispute between SOCFs warden and over hun.
«red Muslim prisoners over their refisal to be injected with a tuberculesis tet
sarted the shellon, but it touched on a host of long simmering grievances
Following the chaos and violence of the intial hours, representatives af th: these

 
Mass Iearceration and she Poson Movement 167

organized groups amongst the prisoners—the Sunni Muslim, Aryan Brosherhood,
and Black Gangster Disciple —began mecting regularly, formulating a lise of
‘demands coordinating their control ofthe fcility and deveping a negotiating
‘struegy. Over the course of the next week and half, they would engage in back
sl fonds tal

 

 

‘with state officials over the details of a 21-paint agreement. It
‘wold become the “the longest prison siege in US. history where lives were
lost"The repeated delays by state negotiators would foresall a peaceful resold
sion of the rubellion unl is eleventh cay ard party contribute w the deaths of
‘one hostge and nine prisoners. Following their release ofthe remaining hosages
find peacetul surrender, Key 2risoner negotitons, later huown as the Lucawille
Five. would be targeted for reprisals, not justas authori retook the faci, but
also as cefendants in capital murder cases brought against them. Five years later,
“auihutiies designed and constructed the Ohio Seate Penitentiary in Youngxiowsn,
the stat’ fire sperma facility, 2 a direct response to the rebellion. *

‘Wridng years later, the historian, awyer, and longime civil rights accvist
‘Stuighean Fynd, noted chat the rebellion coincided with the FBI's siege of the
Brinch Davidians compound near Waco, Texas. Although Lynd and his wife

   

ing iy the state, he moves

 

wwe were bansly amare of che Luccsville
disurbance’**Yet they were not alone. Throughout the 1980s and 1990s, prisor
rehelions garnered litle of he public artension shat they once sttraced. While
they might be reported on in the nightly aews and in loval newspapers, these
spontareous rebellions files to capture the political imagination of those beyond
the walls, Much like the spontaneous wave of prisoner revlls chat occurred dur
ing dhe 195ts, chose that broke out atthe Oklahoma State Penitendary in 1985,
the Wes Virginia State Penitentiary in 1986, and the U.S. Fenivensiary in Atlanta
in 1987, and ehewlcre captired ble of the outide movement atention.

‘This disconnect between sportaneous revolt and outside supgort was demon-
sated most acutely when @ series of spontancous uprisings broke out in the
federal prisen system herween Qlctaber 19 and 26, 1995. Unprecedented in che
history of the US. Buteat of Prisons, the widespread rebellion took diferert
erms of protest, but centered around Congress refal wo reduce the grow se0-
tencing disparity for erick versus powder cocaire offense,as recommended by a
US. Sentencing Commision sxudy, Beyinning at the Federal Correctional
Institusion in Taladegs, Albans, the Bret ound of rebellions consis of hu
dreds of prisoners assembling inthe yard oF refusing w work and making a set of
demands. Ir several instances, they atempted (0 rake over 1 section ofthe ‘city
breaking wineows and seting Gres, until forced back in theit cell by guards.
A secend round af protests broke out afier officials onlered a national lockdown
ofall Ederal prisons inthe afternsun of October 20 te total, the rebellions cout
the BOP $39.7 millon, but largely filed co sustain themielves or connect with
those outside each institution’ walls.”

Beginning in the 1990s, the prison movement on the outside placed renewed
auientin en the defsnse campaign tradition. Rather than focusing om these

 

 

 
‘YB Mass Incarceraton ard the Prison Movement

little-known irstanaes of spontanecus revolt, movement efforts focused on those
politcal miliana from the 1910s and 1930s who sill remained hed behind ove
1m particular, activists mobilizedto spire journalst and forrier Back Panthes Moni
‘Abu Jamal the death penalty and win freedom for him and for mors than a doses
Puerto Rican independence atviss incarcerated snce the 1980s Many of thee
sctvits ako campaigned for other poltical prisoners too, inchuding, Teonsed
Peltier, the Anishinate-Lakota former member ofthe Americaa Indian Movement
serving a double iG sentence for the deaths of eno FEL agents on Pine Rge
‘servation in 1975. There is imple documentation of sarmng ieregubrtie in
Pelé arrest and wah and several international human sights organizations sip.
Ported hisreleae,includirig Amnesty Inte-national. nt Abu-Jamal and the Pucroo
Rican independence activists garnered the most attention and biggest success

Abucjoval joined the Phildetphia chapter of the Black Panther Pity as 4
‘cenager and later went on to a distinguished career as a journalist inching >y
tead of the Philadelphia chapter of the Association of Black Journalists He se
sentenced to death for the December 1981 killing of pulce officer Daniel
Faulkner. Abu-himal has always maintained his innocence: he clans that he was
denied af wis and famed because of his jocrnalisic critiques of racism by the
Philadelphia police department, especially its treatment of te radical MOVE
organization, Nine members of MOVE had been incaceraied since a police
2eouton their compoundin 1978 eft one officer dead (The organization moned
(o a new house later but remained in contlct with the cry. In 19R6, Phihdelhia
Police dropped s borab on is West Philaelphia hows, killing six adults and fve
¢bildeen ard destroying a cy back of other houses) Abu-Jamal rersined » pros
lic writer and commentitor from prison. His writing inspited a new ware of
Proves agit wis Incarceration. It ako catlyzed flere oppostion. Fearing
another George Jackson, police officals moved ta airtail media access for Abue
‘mal or other polically euspoken prisoners. NPR. offred 1 have Abu Jamel
‘rad his columns. ot. yetbalked under enclane cridcin fm police agcne'es
Sapperters recorded him reading his columns snd dstribated chetn to radio sa,
fons sevund che world

Thousands of people around the world protered when the Penmylvania
fSovernor signed Abu-Jamal’ death warrant in 1995. European oppesition to the
Geath penalty found especially sucong support for Abu-amul in Fraree. and
Germany. The massive outcry joined legal appeals in prompting a sry of exec
‘fon tat surnmer. Abu-Jamal’ life hung inthe balance so much that other polit
il prtoness urged activiss to peioriicn hs eae.” Ouaive of prison, sufporters
continued to pressure for his release. In January 1999, popular musicians Rage
‘Assins the Machine, the Beaste Boys, and Bid Religion headlined  soncert
{ling for Abu-Jumals release. On July 3, 1999.95 active blocked the Liberty
Fell in 2 nonviolent civil disobedience for Abu-Jamal. The following yer,
18S people were arroted outside the US. Supreme Ceurt w it heard 4 ewe
<allerging the death pena. These stions happened alengside a wees of Tegal

  

  

 

 
ass Inearceration and ine Pson Novernent 169)

challenges to Abu:Jamals sentence that, by 2012, succeeded in getting him
reiroved from death row aiid placed in gencral population. He remains in prison,
however and the campaign to fee him hes emphasized the routine medical
neglect afier Abu-Jamal neasly went into diabesic coma in 2015:

"The other movt prominent defense carpaign fir US. pobtical prisoners
involved the Puerto Rican independence activiss imprisoned since the 1980.
‘Although they were suspected of parcespanng in bombing attacks against US,
‘companis andl gavernient offices, the most common charge agains them: was
“seditious conspiray.” a repressive law first pissed during the First World War era
that makes i illegal to plot against che ULS. government. They had all ecsived
disroportiorately long sentences for conspiracy charges, nd none were con-
Viewed of any act of viclence, Puerto Rican activists began petitioning for their
clase in the carly 1990 and had earned support fram acras the politcal spec=
‘um in Puerto Rico, including people who advocated Puerto Rican statchood
lover independence. In 1999, President Bill Canton commuted che sentences of 16
ff these Puerto Rican activists, Clinton’s move fied 11 of them iramediately
With the other five being released over the next several years. Upon their returr
to Puerto Rice, they were grected

 

 

ional neroet. Chntons offer ws nat
extended to two members of ths grouping, Carlos Alberto Torres and Maris
Haydee Beltan Torres, leading a third, Oscar Lopez Rivera, to refuse the offer in
soar. Belran Torres was paroled in 2009, Tores in 2010, President Obama
commuted Lépezs sentence in his final week in ofic in 2016."

‘The release of the Puerto Rican pobtical prisowers accelerated clemency offers
foc other prisoners in the fora sytem toward the ene of Clinton’ cine inofie.
(On his lse day in office, Cinton also freed Linda Evans and Susan Rosenberg,
wite women who had partcipated ina diferent undergronnd group opposed to
US mliarsm oversexs and poke kllings at home. The two women got out
shorly after one of their codeferdane, Laura Whitehorn kad been released ater
completing wer sentence. Alldhes of them had spent more than 14 yeasin prison,
during which tine they organized aginst the HIV/AIDS epidemic in prison,
‘wrote articles documenting prison condi, and enated arework wed to mabe
awareness about poliical prisoners.” Their lengty seatences revealed that
left-wing radicals received disproportionate sentences relative even to righ:-wing

 

  

 

insurgents: Whitchore, for instance, war frst held for five years ir preventive
detencon avaitirg tre and Rosenberg eceived a sentence of 58 years for havirg
‘cache of explosives, Meanwhile, Klan leader Don Black served ew years for
‘sockyiling weapons and egplosives ia a plan to invede the island of Dominica,
and abortion clinic bomber Micael Donald Bry served 46 months for bombing
ten abortion clinics. (The dispauste punishment did not end with their lea:
police ets led « succesful campaigr to oast Rosenberg from ner teaching pos-
ition at CUNY several yeas after het relewe.)”

In addivon to the success af these defense campaigns, the le 1990s aso saw
several initiatives to poptlarize critiques of American prisons. In 1997, Jalil
"¥70_ Mass Incarceration and the Prison Movement

Murtagim—a Black Panther serving a hfe sentence in New York state for the
1971 kiling of ono police ofcers ty the Black Literation Army.—pu outs eal
for a national march on the White House the following year to demarnl dhe
freedom cf American potical pritcners. Inpied ly the bibleal sory of Joshua
bringing coven the walls of Jericho wit shous and trumpets, Muntagim dived
the efor “Jericho "98." The lead organizer for the march vas Safiya Pukhors,
hemelf a former politcal pritoner from the Black Penther Party ard Bleck
Liberation Army. The coaltior that formed te organize the arch also ince
Puerto Rican groupsthat had been campaigning forthe freedom of Puerto Rican
independence stivins imprisoned since the 1980s. An estimated 5.000 peeple
demanded freedom ‘or palitisl prisoners in a march tm the White House on
March 27,1998, After the success ofthe march, the planning committee hunched
the Jericho Amnesty Movemert ass standing organization to raise awarenest of
US. politial priones.””

‘That September, the prison movement held a mijor conference at she
University of California Berkeley called “Crical Resiuaue:” The conference
‘ws designed asa one-time ever, with organizes expectirg a few hundred people
wp ated. Whe 3,500 people showed up, however, it signaled she gathering
szorm of opposition to mass incarceration. Aferthe succes ofthe car feveree
Citcal Resistance (CR) movecto bscome a sunding organization with chspter
in several ities. Two member of the erganizing collective could trace the
involvement back to :heit own incarceration in the 1970s: Angela Davis and Bo
Brown. Dans had been among the fw public intelectual to consistently devs
tention to the problem of prisons since her own actest and wal mae teres,
{onal news in the early 1970s. Indeed, she had opposed the expansior of the
<rimiral jie ytem in both Her activism and her writing.” Brown spent sere
Yasin prion for her involvement with the Seatte-bated urdergotnd prop
the George Jackson Brigade ané comsinued to work supporting peoole ir prison
{on her release in 1987. The two of thevs jvined an Intergenetational mele
cal collective of cholars and activists in plinning the con‘erence

In « series of tddtional conferences around the country ove the next decade,
CR helped popularize asytemic analysis of the roe the criminal justce sytcrn-2
including Folicing ard surveillnce alongside prisens—played in shaping the
Ilia economic, and social if inthe United States, Building on an aril by
‘noted analyst Mike Davis, CR dubbed the phalanc of punitive intitations +

Prison-indastril commplex"The phrae caught on, epecily inthe hip bop ond
Undersround music scene However, people uscd the erm diffeenty Unb the
‘military industrial complex” metaphor it clearly builds upon, however, CR. dd
not us che “prison instal complex” to suggest that pisons were primary
‘river of the American economy. Rather, the moniker igentifed the imercon,
‘nected instintion that have made punishment x cetalt» American society.

In sponse, CR called “or the abolition of the prson industial compen, As

lenge to the various reform efforts that Have bokstered the legiivacy of

 

 

 

 
Mass earceration and ine son Moverment. 171

the prison ysem, CR’smison statement pedged thatthe organization would
only pase strategies that did wt extend the “Hf or scope” of the prison
indastal complex > Ava rewlt, CR joined coalitions aiming to stop prison or
jail expansior, oppose solitary confinement, ané end “gang injunctions” chat
Teaighe young people of eclor ito greater contact withthe criminal justice
system. In offing abolition as the necessary response (0 prisons, Crsical
Resistance consciously drew on the history of the abolition of slivery—an
{unimaginable idea in ie day. until i¢ ame w pas—and some ofthe ideas that
‘were fie pepulatized by the 1970s prison movement. CR extended other
Ispects ofthe 1970sere prison mavenent wel. CR alse collborased wich +
hnew generation of anticareral feminists, such a INCITE! Women of Color
‘Against Violence, to oppose pokce and prisons 2s extensions of, rather than
solations ro, male violence-*

‘Ouaide ofthese paricular organizations the hte 1990s saw eens of thousands
of activists link the prison indusrial complex to other social and economic
ppoblens. More than 50,00) people shut down meetings of the World Trade
Organization in Seattle on November 30, 1999, and tha fed into larger spire of|
anicorponte activi and disaesfcton widh the eve major politcal partes.
‘With ie parposeilly broad missicn, che nascent movement expresed an incipient
consciousnes of Amerca’ prison problem—especially given the intensity wath
sehich police grewsed thew cemontratrs In Seale, police tear gxsed thotsands
bfnonviolen acts. Aca rotest ofthe World Bank and Internationa Monetary
Fend meetings fe montis lat, police preenpvely arreied hundreds of
demonstrators. All of cis came to a head tha summer ia protests ages the
Republican National Convention in Philadelphia. Protestors pomted 10 the fact
Ahat the Republicin pr: Songs W. Buh had signed 13K death
‘warrans and overseen 152 execations as governor of Tenas—the most in thit
Sate’ stor, The demonstrations marked the fist me tht glbiljusice activi
torgei she prison industial complex” explicit in their steer demonstations
and subsequent press agains he jailing of access,

 

 

 

 

 

Notes

Meeris, Roger. Te Devil Butter Shop: The New Mevico Piso Uprising New Yor:
rain Wat, 1983, 111

2 Colvin, atk. The Rewitrtiary n Cras: Fom Auommadatior to Riot i New Meso
Alt, NY: Sete Unlversty of New York Frew, 1992, "54.

3 “Nicion:What happened © our men?” Tin, February, 1980,

4 metre, The Darl Burther Ship, 192:"New Mevico Covertor Approws Emergency
‘Mesure for Prisons” Nae York Times Bebranry 2, 1980, 28

5 Caroll, mes. "Neva Revives Pl fon Top Security, 5 Sate Przon:” Boson Cho

 

   

 

 

 

Apa 1983, 1
8 Cavin, 213,
7 Schlower, Eric “The Priton Industral Complex” The Atlant; December 1958,
wails. cun/imagarne arhive/ 1998/12 /ehe-prion-industral-comples/

 

3046691,
72. Mas: Incarceration and the Prison Movement

8 Parenti Chistian, Lackioun Ameri: Pole and Prisons in he ee of Cris, New York,
Versa 1999, 45,

9 Bid, 167.

10 Lynch, Mons. Sunblutie: rine ant the Tangomation of Amercan Punishnen
‘Sanfor: Stanford University res, 2010, 116

11 Petkinion. Teas Tong 27

12 Irwin, The Wsohowe Pion, 126

13 Thi, 4-125

14 Kahan, Nancy. Out of Cato: A Fften Yer Batle Agint Contr Unt Prine
Sin Francsca:The Freedom Archive, 2015, 5-0.

15 id, 18

16 tid 29-35,

17 Nark K., O’Metveny “Lexington Prison High Securty Urit: US. Pola Pion" in
lu Rosenblots,ed.Crna use: Cor he Pris Cis (322-324 exon
South End Press, 1999,

18 Karshas. Outof Cou, 32-34

19 OMelveny,“Lexington Prison High Security Unit"329.

20 Tid

21. Karshan, Out of Cut 49.

2 hid. 7275,

33 Wd, 126-127,

24 Irwin. The Wivchowse Prom, 124-126,

25. Kurshan. Out of Coat, 136,

26 thal, 2-08.

27 thd 52,

28 Lynch. Sunbel Jute, 135.

29 Wee, 108,

30 thd 197

81 Reiter,Kerarmet 23/7: aan Bay rion ard th Riso Long. Tem Salty Cofnemt
New Faven:%ale University Prem, 2016, 39

bi. 71,

3 Ibid 92

34 Wi 10,

35 Irvin. The Winchovar Prva 58

36 Ibi, 58,

7 Shukut Sanka. Moncr The Autbigraphy of a L.A. Garg Member. New York: Grove
Pres, 1998, 285,

58 See Kendal. Jn. "Gange A That o1 Sirs adn Jl” Las Ange Tne jr, 1,
bp: fale atimesorw/ 1985-06-09 lral/mne- 985) 1-gvngemembord >,

2B Flier. Powers Rigs 127

2 tit

41 id 138,

2 Ibid 158

8 Ibid. 158,

46 Ibid, 174

‘48 Over the next 20 years, ths court mandated ovenight woul play sn portant ole in
shaping how federal cours would address the provision of heat cae behind ba,
‘iene shaping the 206 landmark coure inti wo rede oneerong
{afornia’s prion stem, laer firmed by the Sipreme Court in Bros Plats 2611).
For more see Simor, Jonathan. Mas Inacowtion on Tinks Romande conch Pry
sted the Etre of Pris in Amer, New York: The Neve Pre 201

46 Reiter. 23/7, 38,

7 id 14

 

 

 
Mass incarceration and the Prson Moverrent 173

38 Ibid, 139.

49 Sliver. rissnas gh, 182-183

5h) eloeHobls, Lyd" ganized Inside and Out‘ The Angola Special Civics Projec: and
the Cris of Mas Incareratin,” Soule 53 O13): 199-217,

51. Berger Cape Nation, 263

32 She ancy. dnl the Band layed On: Pl Prp and he AIDS Epidenit, New York:
St Martins 1987, Cohn, Cathy The Eowndaies of Blackass:AIDS and the Breasown
1 Blas Poli, Chicas Universi of Chiengs Pres. 199).

53 Kunzl, Regina, Criminal lina: risa an the Uneven Hist of Maden Anvrican
Scamliy, Chicago: Univer of Chicags Pres, 2048, 242.

54 Giller David, No Sumner rings fom an Ant-lmperast Poli Pisoner Mocreea
[Abrahams Guilen Prez, 2004, 12°=158, Berger, Din and David Giber. "Grief and
Orgiizing inthe Face of Kepresion: The Fight Agus AIDS in Frison” in Cindy
Mili cd Rellions Mowing Gorthoming, Osean: AK Pees 2017

55 Diar-Cotta, Gener Ethity. and he Sta, 352-393, 361-363,

56 tid. 361 370.

57 Ibid, 370-372; The ACE Progra ofthe Bedford Hill Correctional Facil, Baking
the Ha Sle: AIDS and Hime 7 4 Now Vrk Ste Maxima Searity Prison
New York: Overlook Fre, 1998

58 Quoted in Lav, Percunce Behind Ras, See ako Rsenbers. Suan, Aut Anerian
‘Raa: Pui Prisoner in my oon Cary. New Yor: Cadel, 2011, 153-63

59 Kaplan, Euher. “Orgoniring Inde” Obs, November. 1998: Schuster, Heather W.
""Sbaenced to Life: AIDS, Activism, and Prison," nal 3 Medical Fiaman tes 19: 2-3
(1901), 235-254. For mom on #he pretest agaist medal neglect inside Cabornia
pitas ee Law Vieteria, "Out of Flames and Fea’: How People with HIV Forced
Eaton so eters IV care in Prisons.” The Boy. May 24, 2017, wwwithebody.
‘fom'conent/70948/out-oF-Mamer-and-fear how people-with-hiv-forced- he

60 Laer ohind Bare S40.

Gt Kiplin “Organizing Inside” Shabarz, Rashad. "Mapping Blck Bodies for Disease:
riots Migeain, athe Palit of FIV/AIDSin Jenna M. Loyd, Matt Miccheson,
find Andiew Burridge, ede, Bepad Walls an Cages: Piss, Border, and lol Cis
{O87-Un) Athen Uhivenity of Georgia Press, 2012.

62 Quezedin Lyne, Staughton Lusi The Unald Soy of Prin Uprising Philadelphia
“Tenple Usineraty Des 2004, 1

63 Reiter, 138

(6 Lynd, Lacie.

(5 Dunne, Bil,"Crack in the Fedenl Scheme: The October Rebellion of 195," Piso
Tag New, Octet 2000.16,

466, AbJamal Moin. Live fim Deth Rays New Yore: Harper Perennial 1936.

16) Whieha, Lavra-"Are Against Death” and lerman Bell aL, "Ax Appeal fiom US.
Doliial tvsoners/POWs: Mobilize to Save Mula Abu-Jaal"in Meyer, Let Fredom
ing, 418-421, 129-430 repeciey

{6 Scethe Suction" Pullng Cut the Sto for Mumia Abu-Jamal in Meyer Let Freedom
Ring, bt -162, specially Ros. Sdeane,"A Brief History/Herstory of th: Moremere
to Tree Numia® 403-472, For his hea care campaign see Lin, Washington, j"The
tlic Pysctin f Mumia Abo-Jama?” Ceunterzunch, April 28,2015, woww.counter-
‘punch ovy/2013/04/28/the-publc-enecotion-of-muma-abv- jamal

68 Conner Cruz Miguel, “Puewo Reean Revolutionary Nationalism (1956-2008):
Immggason, Armed Struggle, Polite! Prioners and Prisoners of War” Ph.D dis.
SUNY Bingharcon, 2005 Reyes, ania "Law Meda, and Political Dissent The Case
Sf the FALN oh Dass, ude Unters 200; Str, a. "Puerco Rican Polis!
Prsonersin US, Prioasin Ramon Bosque-Perer and Jose ver Colon Morera, ed
ano Rev Under Colonia Ra: Poival Prscuton and the Quest for Humen Righs

 

 

 

 

 

 
1174 Mas Incaceraton ard the Prison Movernert

(119-138), Albany: SUNY Pres, 2006; Fernardeo, Roald L. Psoes of Cabo:
The Shelf Jus in Part Ris. Morne: Comivon Courage Pres, 5 ont ie
documents collected in Meyer, Let Freedom Ring 311-361

70 Rosenberg Susan, An Amarin Rada: Pla varr i ay Chon Coir, New York
{tzde! Pres. 201 1 Whitehorn, Laura with Saxe Day “Testing the Ondine hey

ees, ed Wain the Amero Homelnd. Dusan Dake Cniventy Pee a0),

273-349,

Rerenbere, An Amora Rad Fe the dipsity between e-wng and right-wing

"aticalsn hi time peed see Whitchore, Laut, "5 Years Jl Anatng eats Hae

ington Pest, February 28, 1990, wavwnshingtonpencumiancave/ oben) 12M?

9225/5, yearsin:jail-avaiting-tral/4a4b0528-8060-4b{6.9744. 3910858909957,
tger.Dan, The Strugth Wiikin: icons, Poliid Privners and Mass Movement oe

ited States. Oakland: PM Pres, 2014

72 Bakhac. Saya The War Befae. Now Yk, The New Paes, 210; Muti, Jali
2.’Spring Brak’98—ercho March” and Kupendua Marpess “Whit Jee 98
bath at worshator-hp.com/archives5a/301 nk Bloom, Stew. fren
{23 March: Amnesty and Freedom for All Polite Prisoners” Again the Career 9),
March-April 1998.aviske at wornsolidaiy-t ory ode! i862 Mow genalace
wovwthejericomovement one

73 Davis Angele¥. Aw Prions Coen, New York: Seven Stories Press, 2003, bain
Domoray. New York: Seven Stores Press. 2005, and ‘The Meming of Peden
San Feanreco, City Light, 2012,

14 Gosett-Che.*Aboltionit Imagining A Convesation with Bo Brown,Reini Gosett
and Dyn Rodrigues," in Erie A Sey aid Nat Smith, se, Captie Conlonctong
Enbodiment ard the Dison Indusval Compe: (357-377), OnklandAK Pres 201%, Cae,
igh Resaance,ed.“Crital Resinance wo ie Prson-tadustal Complen: Sa ce
27:3 100),

15 nap /ertcabsiseneaong/sbout/; Davin Mike"Hell Factres nthe FeldsA Prion
Industrial Complex” The Nati 2607 (February 1995). 229-23

16 INCITE-Critcal Reritanes, “Gen Vidlence andthe Prson Indastial Compe
201, hepi//worwincte-nationl org/page/incie-crical-ristarce sutemenr

77 Hermes Kris Cros th Party Lega and Less othe RNG 2000, Oot PM

 

7

 

 

 

‘Tem Lp Pre Zine Dire
PO Bax bags,
Concer CA pase
RaisQn News TRAL COMPLEX (PIC)

PRISON INDUSTRIAL COMPLEX (PIC) IS A TERM
WE USE TO DESCRIBE THE OVERLAPPING INTERESTS
OF GOVERNMENT AND INDUSTRY THAT USE
SURVEILLANCE, POLICING, AND IMPRISONMENT
AS SOLUTIONS TO ECONOMIC, SOCIAL, AND
POLITICAL PROBLEMS.

‘Through ts reach and impact, the PIC helps and maintains
the authority of people who get their power through racial
coonomie and similar privileges. There are many ways this
power is collectéd and maintsined through the PIC, induding
‘resting mast media images that keep alive atercotypes of
people of color, poor people, queer people, immigrants,
youth, ez as criminal, delinquent ur deviant. "This power is
also maintained by earning huge profts for private compa-
nies thal deal with prisons and police forees; helping eamn
political ins for “tough on rime” politicians; increasing the
influence of prison guard and police unions; and eliminating
social ard political dissent by people of color, poor people,
‘migrants, and others who make demanis of self-determination
‘and reorganization of pawer in the US.

 

 

‘All these things ace parte of the PIC.

“Tras np Pree Zine Dare

PO. bas boys
Ceneart CA 34504