[Pnews] Kevin ‘Rashid’ Johnson thrown in solitary for publicizing abuses
ppnews at freedomarchives.org
Fri Jul 28 17:25:02 EDT 2017
Thrown in solitary for publicizing abuses
July 28, 2017
*/by Kevin ‘Rashid’ Johnson/*
On July 14, 2017, I was brought before a Florida Department of
Corruptions (FDC) Institutional Classification Team (ICT) for a staged
hearing to have me thrown in solitary confinement, euphemistically
called Close Management (CM) by the FDC.
“It Should Never Be Easy for Them to Destroy Us” – Art: Kevin “Rashid”
Johnson, 158039, FSP, P.O. Box 800, Raiford FL 32083
As described in my recent article “I’m off to Florida
the basis for this recommendation was my involvement in publicizing
prison abuses in other states where I’d been confined. Florida officials
vowed to put a stop to my activities.
Although they admitted these reasons for recommending my confinement in
solitary, FDC officials gave another standardized pretext, because FDC
policy lists specific grounds for which prisoners may be put in CM. The
pretext given was that I am a supposed gang leader.
Upon my FDC assignment they had the New Afrikan Black Panther Party
(NABPP), of which I am a member, classified as a gang or STG (Security
Threat Group), for the stated purpose of using that false profile to
attack my propensity to publicize abuses. They claimed the general
public that read my articles and protested the reported abuses are my
Following being served the first notice of the ICT hearing on July 6,
2017, which I addressed in my article “I’m off to Florida
I was issued an “amended” notice on July 12, upon which I was heard on
The second notice differed from the first one in only one respect –
instead of using the “gang leader” pretext for my CM recommendation, it
claimed my publicizing prison abuses and public complaints somehow
constituted actions on my part which resulted in or could have resulted
in serious physical injury to someone. This second pretext was even more
obviously contrived and absurd than the one it replaced.
Under FDC policy I was entitled to state verbally or in writing my
objections to the CM recommendation at the ICT hearing. I gave a written
statement outlining the illegalities of the FDC’s and ICT’s actions,
which of course had no impact – I was still thrown in solitary.
On July 14, 2017, I was brought before a Florida Department of
Corruptions (FDC) Institutional Classification Team (ICT) for a
staged hearing to have me thrown in solitary confinement,
euphemistically called Close Management (CM) by the FDC.
However, I feel it is of public value to show yet again how lawless
prison officials are, even in the face of being confronted with the very
laws they are violating and, as executive “law enforcement” officials,
they are under duty and oath to obey. In fact, the ICT’s response to my
statement was to tell me in antebellum terms that I have no rights.
Here, then, is the written statement I gave to the ICT (slightly edited
only to remove technical language and to add subtitles):
*Statement for CM Review by Kevin ‘Rashid’ Johnson*
The CM recommendation and supporting comments show that FDC officials
are not only lawless, but their actions and intentions against me are
racist, politically intolerant and overall unconstitutional.
_Bogus STG/gang profile_
Foremost, the STG profiling of the NABPP was conspiratorial and
premeditated, and done consistent with a long-existing and long-outlawed
racial prejudice that has always operated, in the U.S. South especially,
to strip and deny New Afrikans/Blacks political representation of our
own choice and the right to vote, and to suppress Communist groups which
were always repressed because of their opposition to racial prejudice
and segregation. This is unconstitutional racial and political
discrimination and denial of the right to political expression and
The NABPP is an above-ground, Communist, non-violent, anti-racist,
predominantly New Afrikan/Black (minority) political party. The U.S.
Supreme Court has long held that such “minority dissident groups” have
the same First Amendment right to “engage in political expression and
association” as do “our two major political parties” (NAACP v. Button,
371 US 415, 431 (1963)). And the Court has long outlawed censorship and
discrimination against Communist groups, by government officials (see
Brandenburg v. Ohio, 395 US 444 (1969)).
The FDC plot of STG/gang-profiling the NABPP, which has neither done nor
promoted anything illegal, “hate” nor gang-related simply demonstrates
that FDC officials still practice a level of open racism and political
intolerance such as was outlawed over a half-century ago when open
racism and racial segregation were the norm. In fact, efforts to repress
Black political self-representation and voting rights was the very
reason the Ku Klux Klan and other white supremacist terrorist groups
were formed following the Civil War, which groups as now have always
worked with and within Southern government institutions.
This scheme to suppress the NABPP by “gang”-profiling it is an old
racist practice that is well recognized. As Justice Black stated long
ago, “History should teach us … that … minority parties and groups which
advocate extremely unpopular social or governmental innovations will
always be typed as criminal gangs and attempts will be made to drive
them out” (Barenblatt v. US, 360 US 109, 150 (1959)).
More telling is that the FDC doesn’t use its selectively applied, vague
and overbroad criteria that it uses to STG profile and repress groups it
dislikes against either of the two mainstream majority white capitalist
political parties, namely the Republicans and Democrats. This is clearly
racial and political discrimination, especially where FDC officials are
allowed to join and support these parties, and more so where since the
1960s the Republican Party replaced the Democrats as the representative
of the Southern white supremacist electorate called the “Silent
Majority.” Also this party’s present president, Donald Trump, is a known
racist housing discriminator, a habitual sexual assaulter of women, and
has neo-Nazis like Steve Bannon as key advisors to his administration.
I should add that I was told on June 22, 2017 – my first day in the FDC
– by a Sgt. L. Colon that he and FDC knew nothing about the NABPP except
that it was a “Black” group, but he was tasked to STG profile it “for
approval by Tallahassee,” which would be used to stop my publicizing
prison abuses. I wrote about that to a lawyer who works with the
Abolitionist Law Center in Pittsburgh, Penn., in a date-stamped letter
on June 23 and, just as was threatened by Sgt. Colon, this is exactly
what is being done now.
So, as a threshold matter, the STG profiling of the NABPP and me is
unconstitutional per se.
_Illegal retaliation for speech_
Next up, I am admittedly being targeted for indefinite torturous
solitary confinement for my political association, expression and
affiliation with the NABPP – a constitutional right as set out above –
and my publicizing prison abuses through publishing outlets. This is
portrayed as a threat to security.
It is also admitted that the actual reason I’ve been interstate
transferred now and in the past is because of my publicizing abuses.
This is all again outright illegal.
Prisoners have a First Amendment right to have people post information
by and about them online (Death Penalty v. Ryan, 269 F. Supp. 2d 1199,
1201-03 (2003)). In this context, the courts have specifically held that
“punishing a prisoner for a complaint about medical care that his mother
put on the internet violated the First Amendment” (Cassels v. Sadler,
342 F. Supp. 2d 555 (2004)). Prisoners have a constitutional right to
have their writings published (Abu Jamal v. Price, 154 F. 3d 128, 134-36
(1998)). And officials may not retaliate against prisoners for
exercising their right to free speech and press (Graham v. Henderson,
395 F. 3d 372 (2002)). “[W]hether the retaliation takes the form of
property or privileges does not matter” (DeTamaso v. McGinnis, 970 F. 2d
211, 214 (1992)).
By being thrown in CM, I will be denied both property and privileges
enjoyed by general population prisoners.
_Vilifying public protest_
This recommendation then goes so far as to ridiculously portray as
“gang” activity that the general public reads my writings online –
actually my articles and art are published in a variety of media, print
and online – and have in turn protested the conditions and abuses I’ve
Interestingly, in the minds of FDC officials nothing is wrong with the
lawless and inhumane actions of prison officials that I report; rather,
their only concern is that it’s being exposed to the public.
The courts have specifically held that prisoners’ right to publicize
government conduct through the media to the public to generate protest
is part of the First Amendment right to petition the government for the
redress of grievances (Guajardo v. Estelle, 580 F. 2d 748, 758 (1978)).
Communicating grievances to government officials via phone calls, the
mail, email etc. is the most basic and traditional method of lobbying
and voicing public protest against disagreeable government conduct in
so-called democratic societies.
It is equally absurd to claim that publicizing my name and address
online is revealing confidential information, when the FDC has a public
website of its own that provides this same information about all its
prisoners to the public.
Apparently, I’m being treated like an “enemy combatant” being secretly
renditioned to “Black Site” prisons.
This all shows that FDC officials are perversely and absurdly twisting
perfectly legal and constitutionally protected actions on my, the
public’s and the media’s parts to speciously rationalize totally illegal
designs on their own part.
_No harm done, no harm identified_
Only a vague and passing reference is made to disciplinary infractions I
allegedly incurred in other states. No effort is made nor can it be
shown that any of them had anything to do with the NABPP or my role in
the Party, nor that these infraction records are even particularly
dangerous or serious, especially in comparison with those whose records
are far worse but haven’t been bounced from state to state as a result.
And absolutely nothing is even hinted at that shows any actions by me
that did or could cause anyone any physical harm at all. Everything I am
described to have done is legal and constitutionally protected activity,
as I’ve shown above.
The very recommendation for CM assignment is illegal and reveals the
most blatantly racist and unconstitutional designs of FDC officials. I
should not only not be put in CM, but should be removed immediately from
FDC custody, where it is revealed from the outset that the designs of
its officials against me are plainly racist and lawless, and the
admitted motive is to retaliate against and suppress my exposing prison
abuses to the general public, which is my right and the right of the
public and the media.
As stated, the foregoing statement had no bearing on the ICT’s decision
to throw me in solitary. In fact, the hearing was only a formality – it
had already been decided beforehand by the ICT and FDC’s headquarters
officials to put me in CM.
Indeed, as I was being “escorted” from my cell to the hearing by a Sgt.
John Nyitray, he asked if my property was already packed or stored in
such a way inside my cell that he could quickly put it all into a bag. I
asked why, to which he replied I was going to be transferred immediately
following the hearing. I’d already been told by various sources that if
I was put in CM, I’d likely be sent to Florida State Prison (FSP)’s CM
unit, which is less than a 30-minute drive from FDC’s Reception and
Medical Center (RMC), where I was then confined.
It was then approaching 5 p.m., and only emergency transfers authorized
by FDC’s headquarters in Tallahasee are done at such a late hour. And so
Immediately following the staged “hearing,” where I was told by RMC’s
assistant warden Polk that I have no rights, I was returned to my cell,
instructed to pack my things, and was then promptly transferred to FSP’s
CM unit, where I remain. How much more obvious could a corrupt
conspiracy orchestrated at the highest levels of authority be?
How much more blatant could officials be in their designs to suppress
and punish the public’s inalienable right to know what a government that
professes to be theirs is up to? How much more evident could it be that
this government is not theirs and they must therefore rein it in and
replace it with one that genuinely is – of the people, by the people,
for the people.
Dare to Struggle, Dare to Win!
All Power to the People!
/Send our brother some love and light – in fact, flood him with mail so
the Florida authorities will know the world is watching how they treat
him: Kevin Johnson, 158039, FSP, P.O. Box 800, Raiford FL 32083./
Freedom Archives 522 Valencia Street San Francisco, CA 94110 415
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