Chapter Notes

Prisons Across the United States Unjustly Reject Letters from The Remedy Project

Author:
Elise Penn
Artist:
N/A

In 2021, a group of volunteers at The Remedy Project (TRP) gathered to send letters out to several of its members in federal institutions across the country regarding the progress of their administrative remedy processing. Due to the critical nature of these communications, volunteers sat at a roundtable and meticulously verified the location and mailing information of each recipient, to ensure that their letter would be delivered successfully. However, after several months, the team at TRP received back 20 of the letters that they had previously sent out. These envelopes were unopened and labeled as “returned to sender.” The reasons cited for return ranged from “not identifiable,” to “refused by institution,” to “inmate not at this institution” and more. Regardless of the stated reason, one thing was made clear: correctional staff were intentionally—and unjustly—blocking communication between TRP and its members, thereby depriving them of access to vital information about the status of their administrative remedies.

Of the letters returned, six were from FCI Manchester, all of which had the word “refused” stamped on unopened envelopes. (Read our exposé on FCI Manchester). At TRP, all communication maintained with our members is classified as legal mail. Under Section 3.8 and 3.9 of BOP policy regarding ‘Special and Legal Mail,’ all legal mail must be “opened only in the inmate’s presence,” and unlike regular mail, cannot be inspected or photocopied by staff prior. Further, according to the BOP, prisons may refuse mail only if it contains “contraband and content that might threaten the security or good order of the institution.” As TRP’s letters do not qualify as “contraband” nor “threatening,” it is evident that any federal institution’s rejection of TRP’s letters was not based on law or reason. Rather, it represents the BOP’s desire to obstruct any and all communication between TRP and its members.

This is not the first time that prison mail staff has tampered with or blocked mail from TRP.  In 2022, TRP received a report that one of its members’ legal forms were illegally photocopied by a correctional officer, making them unofficial and impossible to sign. Additionally, TRP has received multiple reports of its mail being tampered with. Although the above incidents are appalling, at the very least, these members were aware of the fact that TRP had attempted to contact them. This was not the case with these recent mail blockages, which left at least 20 of TRP’s members feeling confused and neglected as they awaited crucial communication regarding the progress of their administrative remedy processing that never arrived.

In the words of the BOP themselves, “Mail is the primary means of communication between inmates and the community. It is important that mail be well-managed and that services be provided professionally and efficiently.” Blocking correspondence between TRP and its members and masking the return of these letters as administrative error is an outright violation of our members’ fundamental human right to communication with the outside world.

The BOP’s unjust rejection of 20 letters sent by TRP to its members is a stark reminder of the fundamental human rights violations that continue to occur within federal institutions, harming the lives of thousands every day. This incident makes it clear that the BOP is more concerned with violating human rights than they are with upholding the law and following their own rules.

If you stand against the violation of basic human rights that was faced by TRP’s members, take action today. Use your voice to share this story on social media. If you have access to the resources, consider supporting the work of TRP financially, which allows our organization to continue providing aid to incarcerated individuals across the US. Finally, ask about joining one of our teams, where you can utilize your talents and platform to fight for justice. Together, we can ensure that the right to communication will no longer be breached by any individual actor or institution.

In 2021, a group of volunteers at The Remedy Project (TRP) gathered to send letters out to several of its members in federal institutions across the country regarding the progress of their administrative remedy processing. Due to the critical nature of these communications, volunteers sat at a roundtable and meticulously verified the location and mailing information of each recipient, to ensure that their letter would be delivered successfully. However, after several months, the team at TRP received back 20 of the letters that they had previously sent out. These envelopes were unopened and labeled as “returned to sender.” The reasons cited for return ranged from “not identifiable,” to “refused by institution,” to “inmate not at this institution” and more. Regardless of the stated reason, one thing was made clear: correctional staff were intentionally—and unjustly—blocking communication between TRP and its members, thereby depriving them of access to vital information about the status of their administrative remedies.

Of the letters returned, six were from FCI Manchester, all of which had the word “refused” stamped on unopened envelopes. (Read our exposé on FCI Manchester). At TRP, all communication maintained with our members is classified as legal mail. Under Section 3.8 and 3.9 of BOP policy regarding ‘Special and Legal Mail,’ all legal mail must be “opened only in the inmate’s presence,” and unlike regular mail, cannot be inspected or photocopied by staff prior. Further, according to the BOP, prisons may refuse mail only if it contains “contraband and content that might threaten the security or good order of the institution.” As TRP’s letters do not qualify as “contraband” nor “threatening,” it is evident that any federal institution’s rejection of TRP’s letters was not based on law or reason. Rather, it represents the BOP’s desire to obstruct any and all communication between TRP and its members.

This is not the first time that prison mail staff has tampered with or blocked mail from TRP.  In 2022, TRP received a report that one of its members’ legal forms were illegally photocopied by a correctional officer, making them unofficial and impossible to sign. Additionally, TRP has received multiple reports of its mail being tampered with. Although the above incidents are appalling, at the very least, these members were aware of the fact that TRP had attempted to contact them. This was not the case with these recent mail blockages, which left at least 20 of TRP’s members feeling confused and neglected as they awaited crucial communication regarding the progress of their administrative remedy processing that never arrived.

In the words of the BOP themselves, “Mail is the primary means of communication between inmates and the community. It is important that mail be well-managed and that services be provided professionally and efficiently.” Blocking correspondence between TRP and its members and masking the return of these letters as administrative error is an outright violation of our members’ fundamental human right to communication with the outside world.

The BOP’s unjust rejection of 20 letters sent by TRP to its members is a stark reminder of the fundamental human rights violations that continue to occur within federal institutions, harming the lives of thousands every day. This incident makes it clear that the BOP is more concerned with violating human rights than they are with upholding the law and following their own rules.

If you stand against the violation of basic human rights that was faced by TRP’s members, take action today. Use your voice to share this story on social media. If you have access to the resources, consider supporting the work of TRP financially, which allows our organization to continue providing aid to incarcerated individuals across the US. Finally, ask about joining one of our teams, where you can utilize your talents and platform to fight for justice. Together, we can ensure that the right to communication will no longer be breached by any individual actor or institution.