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@ Prisoner Wins Lawsuit

Brian McCarvill an anarchist prisoner caged in Oregon appears to have won his landmark lawsuit against the Oregon Department of Corrections(?)
In a recent letter, Cassidy wheeler asked if it was true that Brian McCarville won his lawsuit against the Oregon Department of corrections. As some of you may realize, Brian filed suit over his mail being rejected because it displayed the circle A, mentioned the word anarchist, anarchy, etc. or was from an Anarchist identified organization. This policy is based on an administrative finding that Anarchist, anti-authoritarian Prisoner are a Security threat group (STG) i.e. criminal gang. In order to answer Cassidy's question a phone call was made to Prison Legal News. Hans confirmed that settlement negotiations were happening and it appeared a resolution was forthcoming. While the policy remains in place, it would be legal suicide for the Department to continue rejecting mail based on the disputed criteria. It is a significant development that this negotiation is happening for it appears the Department finally realizes it cannot defend its ridiculous assumption Anarchists are a criminal like the Aryan Brotherhood. In the near future, Prisoner will be able to receive Anarchist materials. More importantly the attempt to criminalize Anarchist, anti-authoritarian Prisoners will have been finally defeated. This opens up a myriad of possibilities including better chance for early release, lowering of custody level and greater access to institutional programs. For Free world people who have been banned in formerly or formerly from writing Oregon captives you many now resume writing and sending material. On the day Cassidy wrote he notes that he had just received seven rejection notices. A two-prong strategy incorporating litigation and direct action is being formulated or implemented. This campaign will continue until the frivolous mail rejections cease. If the current campaign yields little or no results it will be escalated to level two. It is extremely important at this point in history to not only maintain but also escalate the level of mail received by our Comrades. YIPPIEJ Word up. Paul Wright editor of Prison Legal News is scheduled for release in December. Cassidy is presently working on creating an independent outside grievance process. It work asks community members to review complaints about prison conditions and issue its findings. Write Cassidy for the details. Well once again the U.K. takes the lead. The overwhelming response to the postcards for Cassidy campaign was astounding. Thumbs up folx. Cassidy still has lots of room on his walls. So if you got a minuet, please consider sending him a postcard like the cheesy tourist type. Letters, postcards, publications, new books can be sent to: Cassidy Wheeler 14282456, Snake River Correctional Institution, 777 Stanton Blvd, Ontario, Oregon 97914-8335, U$A. Money for the Cassidy Wheeler ramen fund can be deposited to his account by ending a United States money order to Central Trust Oregon Department of Corrections(?) P.O. box 14400 Salem, OR 97309-5077 It must be payable to Oregon DOC for Cassidy Wheeler 14282456. Also make sure the from to information is completed. Folx outside of U$A please forward to me at P.O. box 2352 Austin, TX 78768-2352 and I'll kick it forward. Send Cassidy A Book and Support AK Distribution Books shipped directly from AK are 40% off. A $20.00 book is $12.00 etc. Donations for books and newspaper subscriptions can be sent to Austin. Cassidy is doing well and hopes this missive finds y'all remaining strong in spirit. Take care, speak with you soon. Confusion to Our Enemies; Mike Lee Bristol ABC email bristol_abc@yahoo.co.uk website www.geocities.com/bristol_abc/ address PS Bristol ABC, Box 42, 82 Colston St, Bristol BS1 5BB Prison Legal News Don Miniken at: Prison Legal News 2400 N.W. 80th Street #148 Seattle, WA 98117-4449 Subscribe today
Brian McCarvill moved to TRCI as Retaliation 31.May.2003 13:45

FYI A Link because they can @ prison.sucks.com

Retaliatory Transfer of Anarchist Prison Litigator

author: Anarchist Prisoners' Legal Aid Network e-mail:  weneversleep@ziplip.com

Anarchists in Portland, Oregon have received confirmation that our comrade Brian McCarvill has been transferred from Oregon State Penitentiary.

Brian is a radical social prisoner, who was recently involved in a lawsuit against the Oregon Department of Corrections (ODOC), challenging their censorship and rejection of anarchist publications. The lawsuit alleged that ODOC frequently censored radical materials "simply on the basis that they portrayed the Anarchist circle-A symbol, the Anarchist Black Cross symbol, the Anarchist Black Flag, and the terms "Anarchism" and "Anarchist"[... ]" This lawsuit, McCarvill v DeHaan et al, was settled by contractual compromise on April 22, 2003.

Brian stated that the compromise settlement gives him and similarly situated persons "the relief that they could reasonably have expected from the US District Court". This development was thus seen by Brian's supporters as a victory, especially as much of Brian's legal work was done from Disciplinary Segregation ("The Hole"). Both Brian and his old cellmate, Rob los Ricos (Robert Thaxton), were sent to the Hole for 120 days after individuals on the outside, attempting to aid Brian's legal work, sent in postcards featuring the anarchist "circle A" symbol and the message "This is not a gang symbol."

On May 15th, Brian was moved to Two Rivers Correctional Institution (TRCI) in Umatilla, Oregon. This was just over a week after he had emerged from Disciplinary Segregation for his misconduct report over the "circle A" postcards. It is clear that this latest maneuver from ODOC is due to Brian's anarchism and his recent legal success. He writes: "I have been transferred for simple punishment / retaliation; they [ODOC] have sent me to the worst place that they possibly could have sent me."

Much of Brian's property was "lost" during his transfer, with only a small amount having shown up at TRCI so far. He has had a few recent problems with censorship and is considering this situation.

Worse still, Brian has for years suffered serious back pain (from two slipped disks, and calcium build-ups over fracture trauma). He has been sent to a prison where there are no chairs in the dayroom with back-supports. ODOC has, in Brian's words, "full knowledge" of this situation. Brian is also attempting to get dentures - he hasn't had any teeth at all since November 2002. Work was scheduled begin on these dentures late May at Oregon State Penitentiary. No work on dentures is done at TRCI, so it is possible that the authorities will move him yet again. It is imperative that Brian is transferred back to Oregon State Penitentiary.

We encourage those on the outside to begin a discussion on how to broaden and deepen our support for Brian, and for all other prisoners in struggle. The ideas for action at the end of this email are only starting points.

Further details will be circulated as we receive them.

HOW YOU CAN HELP

1. Write letters of support to Brian (envelopes must contain a full name and return address):
Brian McCarvill #11037967
Two Rivers Correctional Institution
82911 Beach Access Rd
Umatilla, OR 97882
2. Write to ODOC Interim Director Ben de Haan and Mitch Morrow, ODOC Assistant Director - Institutions Division. Demand an end to retaliation against Brian McCarvill, his return to Oregon State Penitentiary, and a guarantee of adequate medical care. De Haan and Morrow may be contacted at:
Oregon Department of Corrections
Central Administration Office
2575 Center Street NE
Salem, Oregon 97301-4667
Tel: 503-945-9090
Fax: 503-373-1173
Emails may also be sent to the Department of Corrections at:  DOC.Info@doc.state.or.us
(Please send copies of all text messages and ODOC responses to APLAN for our records. Contact information below.)
3. Donate funds. As the Department of Corrections retaliates, Brian and his allies on the outside need to prepare for all potentialities.
Donations for Brian McCarvill may be sent through the Anarchist Prisoners' Legal Aid Network, or as checks / money orders made payable to "DOC for Brian McCarvill #11037967" and sent to:
Central Trust - ODOC PO Box 14400 Salem, OR 97309-5077
Funds for APLAN's ongoing prisoner support may be sent as concealed cash, or checks / money orders with "Pay to:" section left blank, to:
APLAN 818 SW 3rd Ave PMB 354 Portland, OR 97204

Thank you for your support!
Until all are free - APLAN outside collective


address: 818 SW 3rd Ave PMB 354 / Portland, OR 97204