United Nations Petitions for Humane Treatment in Texas Prisons, Habeas Corpus Injustices

By the first National Lawyers Guild – Prison Chapter

Members of the first Prison Chapter of the National Lawyers Guild (NLG) have created a series of four petitions that they have called Project Blitz. The Prison Chapter is submitting the petitions to the United Nations Human Rights Council concerning inhumane treatment in Texas Department of Criminal Justice prisons. The NLG – Prison Chapter, as per NLG communications, is

a collective of jailhouse lawyers, writ writers, and incarcerated paralegals with the common goal of challenging the systemic abuses and inhumane conditions of the Texas prison industrial complex. We endeavor to raise awareness of the injustices forced upon incarcerated people and advocate the cost-saving and social benefits of alternatives to incarceration. We believe that mass litigation coupled with solidarity action is the most effective and efficient way to challenge mass incarceration from within. We are dedicated to meaningful litigation that demands accountability and active resolution to the on-going inhumane and unconstitutional conditions within Texas prisons.

Below is a scan of the “Texas Triad of Injustice” petition, which covers the denial of counsel representation during habeas corpus proceedings, unfair barriers inhibiting efforts to obtain evidence supporting habeas corpus filings, and unconstitutional review of habeas corpus applications by a single judge instead of requiring a quorum of the Texas Court of Criminal Appeals.

Prison Economies

At TPI, some of the people we work with in the prisons are advocates in a variety of ways. Our correspondent Courtney Sargent participated in research by The Marshall Project related to prison economies. In Texas and five other states (Alabama, Arkansas, Georgia, Mississippi, and South Carolina), incarcerated persons like Courtney earn $0 for performing work in prison. That means folks who don’t have financial support networks on the outside have to hustle to get food and clothing and other necessities like hygiene beyond the minimal necessities provided by the state.

My family and friends send me money and food packages. If not for that, I’d starve. They don’t feed us very well. For example, today’s breakfast was a boiled egg and a peanut butter sandwich. Lunch was one small bean burrito, beans and corn. Dinner was a baloney sandwich, applesauce, overcooked vegetables. For a grown working man, this is not enough. On weekends, there are only two meals a day: breakfast and dinner. For people who have no family or friends, it is heartbreaking.

— Courtney Sargeant

You can read the full article, or jump to the segment based on Courtney’s experience here.


This is part of our blog series about the justice system, how it impacts trans and queer persons, and a framework for transformative justice. This post discusses an aspect of the for-profit justice system. For an overview, see our intro article.

Is Prison Rape Not Rape?

This is part of our blog series about the justice system, how it impacts trans and queer persons, and a framework for transformative justice. This post discusses an aspect of the for-profit justice system. For an overview, see our intro article.

It is curious that rape in prison is not generally considered rape in our supposed “justice” system, at least in terms of how it is documented in data.

TPI has contributed to a national program that documents sexual violence against LGBTQ and HIV-affected persons, but one issue we have brought up is that they never include any data on sexual violence in prisons. They have said they would consider it, but so far the issue has not been addressed in any substantive way.

TPI is not the only organization that objects to the intentional obscuring or covering up of prison rape. Paul Wright notes in his “From the Editor” discussion of the October 2021 issue of Prison Legal News:

For decades the Human Rights Defense Center and other activists have urged the FBI to include prison-based rapes in their crime statistics. They have declined to do so. Including prison rapes in official statistics would likely mean that more men than women are officially raped in the U.S. each year. Based on the FBI’s Uniform Crime Report that estimated 139,380 rapes were reported to law enforcement in 2018. As this month’s cover story points out, the Bureau of Justice Statistics (BJS) indicates each year roughly 200,000 prisoners are victims of sexual assault.

Here, Prison Legal News is only referring to persons according to how they fit into the coercive gender binary of the prison system, which means that almost all trans women in the prison system are counted as “men” in the data. We know that trans women are imprisoned disproportionally, so this also means that accurate data here would also likely show extremely high proportions of trans persons, particularly trans women, in national sexual violence data.

Justice system biases and general cultural stigma determine what and how we document, and those biases certainly result in misrepresentation of the actual rate of violence against trans persons.

The Power of Transformation

In 2015 I was transferred from Tomoka Correctional in Daytona Beach, Florida, to Zephyrhills Correctional in Zepherhills. I had been at Tomoka for three years and met and befriended a lot of other trans girls over that time. I’ve been in prison the majority of my life [see note at bottom], and out of all the institutions I’ve been, Tomoka had the biggest trans population I’d ever seen on a compound. The joke at the time was that Tomoka’s new name was “Tamika.” Even though we still have the daily struggles and dangers that t-girls naturally face in male facilities, there was something empowering and comforting in the numbers we had in our circle there.

As you can imagine I was sad and upset about my seemingly random transfer to this new prison. There’s really no way to explain the anxiety and intensity a trans woman feels stepping off of a bus or van at a new facility. You can feel and sense and a lot of times see the hatred and tension aimed in your direction. It comes from both fellow convicts and police all the same. Then to make an uncomfortable situation even worse, the very first thing they do is a strip search as a group!

The compound at Zephyrhills was super small. For the first few days, I was just doing my best to fly under the radar. My first night in my cell, my celly had informed me that there was no other trans women on the compound. That was hard for me to believe since that was a first for me. I mean, I’d been to county jails with no other girls, but never a state prison. Guess there’s a first time for everything.

I end up with a work detail cleaning up the yard with a group of 10 or 15 other inmates. But the boss man wasn’t happy that I was on his crew, so he called me over to him and said that he didn’t want “something” like me messing up his crew and distracting his guys. He told me my new job was to clearn up in front of F Block where I’d be by myself and “not a problem.”

Long story short, F Block was the discipline block. All the violent and higher security people were housed there. The yard was full of plastic baggies, cigarette butts, batteries . . . I saw a skeleton of what had once been a “garden” maybe? AKA, my new refuge. . . .

Every day I’d show up, makeup on, pink shorts and white T. And I ignored all the comments and sneers and whistles. I just worked and cleaned and fixed up the whole area. I got the garden all the way together. I had sea shells from the yard, a little pond. The cops began to comment. The inmates began to say hello and smile. Then a month after it all began, the same C.O. [corrections officer or guard] that vanquished me to F Block called me over and told me how sorry he was for judging me. And how much I had changed the energy of F Block. Then he offered to take me around the library and admin building and let me dig up the exclusive plants and shrubbery and transplant them in my area. Within a month, F Block still had a lot going on, but it wasn’t such a dark and lonely place. . . . The power and beauty in a woman’s femininity, even in the hardest of blocks, is an undeniable aspect of living as a trans woman in a man’s prison.


Additional info

About Victoria Drain

If you would like to know more about Victoria’s life, she has let us know that the most complete and accurate narrative about her life can be found in the merit brief for her case that is currently under consideration at the Ohio Supreme Court. Scroll through the front material to the “Statement of Facts.”

If Drain is the fire, the system is the gasoline.

—Victoria’s legal team in their “Statement of Facts”

Time

Sand slips, losing its grip through the hands of time
like a forgotten girl's life falls through the cracks
lost somewhere between the concrete blocks and razor wire
an elegant autobiography etched into prison walls
with pretty nails and homemade make-up
surrounded by misogynistic hieroglyphics
like a single feminine rose drowning in a sea of thorns
Next to pictures of strangers she things she remembers
if memories could be more than just enemies to her
Continuously drifting through her thoughts and her dreams
like a long, lonely river flowing refusing to surrender
As she paces her cell and finally realizes
that time can never truly heal, or feel
it will only reveal that even mirrors are capable of lies
and forever and forgiveness, love and redemption
were never things she could ever obtain or acquire
As tomorrows die and resurrect as yesterdays
she waits and she prays to the women before her
And the scars on her arms, her only friends left
Will remain by her side until her last breath . . .

Prison terms: ICS

We have basically covered ICS under another vocabulary item: “running a team.” In TDCJ, ICS stands for “Incident Command System”, and calling an ICS means calling for an ICS team. In the federal system, it’s a SORT, or Special Operations Response Team. In the Texas system, an ICS can be initiated in case of any crisis situation, including a suicide threat. As mentioned in “Running a team” is generally meant to indicate the ICS is called to intimidate, harass, or assault a prisoner.

Prison terms: Clique

This word has a different meaning at least in Texas prisons from its usual reference to a close or tight group of people, although the prison use does refer to a group.

Uses might include something like “they cliqued on me” or “they are threatening to clique me.” This use of the term means to be jumped on or assaulted by a group of people, usually at least three.

Medical Restrictions

In writing letters and supporting our correspondents, we often are asked about restrictions. One type of restriction is health related, and these can cover certain housing assignments, work assignments, and may include disciplinary and transportation restrictions.

Some of the restrictions concerning housing include single story facility assignments, assignment to facilities with extended clinic operation hours, and single-cell or first floor cell assignment restrictions.

Most medical restrictions have to do with work assignments. These can include limited standing, no long work hours (limited to four hours), limited lifting, no climbing, and no work in extreme temperatures or humidity.

For a list and description of these medical restrictions, please see document A-08.4, Attachment A, titled Guidelines for Completing the Health Summary for Classification Form.

Prison terms: Bird bath

Refers to taking a bath using one’s sink in the cell rather than going to the shower.

There can be several reasons for choosing to take a bird bath, but safety is the most common. Trans persons may choose to take a bird bath for both physical safety and to avoid harassment and embarrassment in the common showers.