PRISONER EXPRESS

In prison, one becomes circumspect about what "stands" they take for obvious reasons. A few years ago, January 2002, I was faced with a chance to take a stand. The prison was a wreck and there were several problems that needed to be fixed. Both internal and external means were employed to get something done and there appeared to be utter indifference. Expected, I guess, we are death row, and who really cares about us? A very small minority! What were we to do? We needed to prove to the right people that we were serious, that we needed help and our complaints were legitimate. A protest was proposed: a hunger strike.

There seemed much enthusiasm from the row with a fair bit of grumblings and nay sayings. As the discussions progressed I saw a problem that needed to be remedied. We had tons of suggestions that needed to be conveyed in the form of a petition that explained our dilemma to the "right" people, but no criteria of what should be included. I proposed a constitutional/privilege approach.

Constitutional would be all issues that we could arguably show were rights in court. Privileges would be those things that were able to be taken away and no legal recourse available to return them. Once we got a general idea of who would participate on a hunger strike we delegated duties to those that would not. For example, they would write letters make phone calls and pressure the prison in whatever non-violent manner they could bring to bear.

When the final amount of days was proposed to strike I was not at all sure I was ready for it. Thirty days without eating seemed like a long time. I expressed my concern as I had never gone more than a day without food in my whole life. This would be a test I had never faced. I stated that I would surely participate and that if 30 days was not attainable I would shoot for the closest number.

What we ended up agreeing on were ten things that needed attention. One, the toilets were hooked together pipe wise so that the guy in the adjacent cell could flush his feces and it would come into your toilet. It acquired the name ping-pong toilet. Two, we wanted brighter lights in out cells, a 65 watt bulb made the cell look yellow, hurt eyes and caused headaches. Three, something needed to be done about the bug infestation from mosquitoes, spiders, beetles and the occasional rat, snake, or turtle. Four, psyche patients needed to be separate from the bulk of death row. Five, the whole building needed a paint job as the paint was peeling and worn away in large swathes. Six, we wanted our shoes back. All we were permitted were flip-flops. This meant whatever the weather we had no cover for our feet but socks and flip-flops. Seven, a laundry that worked. Frequently the clothes came back worse than they went or mildewed. Eight, we wanted the roof fixed so that when it rained we didn't get flooded in our cells. This contributed to the peeling paint problem. Nine, we wanted a medical, dental and psyche department that was more than a name. Ten, we wanted better ventilation, that helped us deal with the sweltering heat of summer and the stagnant air of so many enclosed men. The bugs kept windows closed that otherwise could have helped with the ventilation.

We started on a Monday and quickly saw that the number of participants would not be as many as expected. About 75 on death row and only 10 of us were committed to a hunger strike. Many did contribute with letters, phone calls and trying to persuade outside help to come to our aid. That first morning we told the officer that we did not want our tray; that we were on a hunger strike. He upped the ante by saying if we did that that we also had to refuse liquids too -- coffee and milk. To each a man we followed suit. Next came the Rule Violation Reports for refusing to eat. Nonsensical, to say the least, but we dutifully signed our names to them. On the third day of our strike the prison moved us from around the other death row prisoners. Each of us then had to go through a shakedown of our property and we were limited to the basics, toilet paper, toothpaste, etc. We were then told to send all other property home before February 2 or the property would be destroyed. Once completed we were put on a separate zone and tier form death row; segregated.

The next day I had a lawyer visit and gave her all my property to give to my mom. The guys didn't much agree with my decision, but I looked at two things; one, the officers wanted to use the property as a ploy to stop the strike. "We'll give you your stuff back if you come off." Two, I knew I could easily replace any of the items by buying more or getting my mom to send it back by mail.

As a group we did well until the night of the sixth day. One of the guys got sick and started dry heaving. Once he had been taken to the hospital a debate about coming off started. Several didn't want to go through what the sick one did. I was for staying on along with two others.

That night five started eating again. Four of us continued into the seventh day. I was demoralized because the guys seemed so dedicated at first, but the first sign of real trouble brought a halt to a cause I felt warranted a stiff resolve from all of us. I refused breakfast and lunch that seventh day and then gave up myself. Any momentum was lost, and the cause seemed equally so. I missed a total of 20 meals. Far, far from the proposed 30 day goal, but I did have a small measure of pride in that I had contributed in some way with something I genuinely believed in. Being on death row you lose so much autonomy and this protest had given me a bit of it back.

The morning of the 8th day the three hold outs were taken to a clinic to be examined. It was the first time anyone had actively sought out our medical condition. Sadly, it was only because of the standard procedure to examine a person only after 7 days committed to a hunger strike and not to some altruistic tendencies. When they came back two began eating again to leave one still standing.

Two more days of segregation and we were moved back to our original cells. The one hold out had been in a segregation cell on death row so was never moved. He lasted until the eleventh or twelfth day and came off as well. Property was returned as the guys had pointed out to me would occur when I sent mine home. There was still no complaint from me as I felt comfortable with my decision.

Disciplinary proceedings began son afterwards. For each meal we missed we were given one R.V.R. Each R.V.R. had to be heard before a board that would impose a sentence of 5 to 30 days loss of privileges; canteen, phone calls and loss of one or two visits. Depending on the hearing officer you could quickly rack up a lot of time. I ended up with two-thirds of a year loss of privileges and a slew of visits. No complaints here either. I knew that taking my stand would result in certain consequences.

During the strike we attracted the attention of the A.C.L.U. in Jackson and in Washington DC. We could describe as much as we wanted, but the attorney's needed to see for themselves if things were as we claimed. They told us to implement internal emergency Administrative Remedy Procedures because they had to be done before a lawsuit could be filed. Simultaneously they got federal authorization to tour death row. Ironically, they were pleased to see our living conditions were fairly bad and that our descriptions were exact.

By the time the first tour came the prison had started painting a tier. It was only half done and actually heightened our cause because an immediate before/after scenario was there for the attorneys to see.

More tours, motions, conferences, and briefings ensued. No headway was made on voluntarily fixing the problems so the A.C.L.U went to court for us.

After a trial with a myriad of experts we secured a wonderful ruling from the court. You can review it at Russell v. Epps, 2003 WL 22208029. We got pretty much what we wanted, but we didn't get shoes. On appeal we lost on the laundry but the court 5th circuit, upheld the district court's ruling on all other particulars

As I write this in 2005 I can state a lot has been done to improve our living conditions. The plumbing has been fixed so that the feces aren't pushed back and forth.

Bright fluorescent lights have been installed. Screens have been placed on all windows to prevent bugs coming in. A spraying system has been installed over each entrance to kill bugs. The building is painted and for the most part clean. To help combat heat we get showers everyday from May 1st until September 30th. Each of those days we get ice three times: morning, noon and evening. Fans were given to each man for his own use. Psyche patients are housed separately from us. The roof has been resurfaced. Ventilation has been improved slightly. Medical issues are better and actually addressed fairly quickly.

The ruling ended up only applying to a certain class, death row, so state prisoners, those not in the row, have filed suit. The A.C.L.U has led in that one, too, they are asking for the same changes for them. They are also challenging the medical issue in a different light as it appears some of the personnel are not qualified to practice medicine.

Taking a stand can be a wonderful rewarding experience. It can lead to great results and actually improve living standards. Where you are shouldn't stop you, I'm on death row, but you should choose your causes wisely. You should also be as dedicated as possible. Sometimes you won't have people to stand with you--that should not be a deterrent. Ultimately it is you that must decide and you that must take a stand. No matter what, this country allows you that right, exercise it, but treat it as if it will go away if you don't.