Anarchist Prisoners' Legal Aid Network writes "COMBAT
FIGHT, CONTEND: To struggle or work against: OPPOSE

Anarchists Settle Oregon Department of Corrections Repression Suit

Salem, Oregon ? 22 April, 2003 ? Oregon Anarchist?s federal lawsuit against the Oregon Department of Corrections (ODOC) has been settled by compromise.

Filed pro se by Anarchist prisoner Brian McCarvill, personally, and on behalf of others similarly situated, versus Ben DeHaan, Acting Director ODOC; Mike Beagen, Inspector, Security Threat Groups, ODOC; Jacy Duran, Central Mail Rule Administrator; and seven other ODOC employees, McCarvill v DeHaan et al, USDC OR, Case No. 02-1167-KI, was settled by contractual compromise on April 22, 2003. The Lawsuit alleged that the ODOC was unconstitutionally rejecting Anarchist and other publications, 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", without any substantive review towards determining whether or not the rejected publications constituted an actual "security threat" or "detriment" to Oregon prison facilities.

The lawsuit further alleged that Anarchists were being unconstitutionally "documented" (ODOC?s verbiage) as a "gang" and a "security threat group" (STG), a documentation that allowed ODOC to characterize Anarchist symbols as "STG Paraphernalia." The Oregon mail rule, OAR 291-131, contained a provision that allowed ODOC to reject mail and publications for displaying "STG Paraphernalia." Plaintiff contended that ODOC had unconstitutionally constructed a shortcut ? the simple appearance of an Anarchist symbol ? means of rejecting mail and publications that ran afoul of even state-friendly Thornburgh v Abbott, 490 US 401 (1989).

The lawsuit further alleged that ODOC had an unconstitutional pattern and practice of rejecting Anarchist mail and publications for "unrecognized publisher," on an ad hoc basis, for Anarchist publications only; as well as mischaracterizing Anarchist zines as magazines and / or pamphlets, at will, depending upon which classification would earn the zine a rejection.

After conducting massive amounts of written discovery, the parties agreed to settle the dispute by contractual compromise. Plaintiff attributes ODOC?s willingness to settle to a combination of the massive amount of support from the Oregon, US, UK and Eire, Anarchist diaspora, in the form of affidavits, declarations, and positive statements. The Anarchist Prisoners? Legal Aid Network (APLAN) of Portland Oregon provided financial, moral and campaign support from the beginning, allowing the initial filing and prosecution of the lawsuit. Break the Chains prisoner support Anarchist collective of Eugene Oregon, and the Anarchist Black Cross Network of Austin Texas, rounded out collective organizational support for Plaintiff. Green Anarchist newspaper of London England, Green Anarchy collective of Eugene Oregon, and Mishap zine of Eugene Oregon, all provided in depth position statements. Individual Anarchists from everywhere contributed, and continue to contribute, documentation in favor of Plaintiff?s position.

In the course of prosecuting the lawsuit, Plaintiff and his cellmate, Anarchist Rob los Ricos, were placed in Disciplinary Segregation at Oregon State Penitentiary, for "unauthorized organization I". Both individuals earned 120 days "hole time" for their efforts. Almost all of the written discovery was conducted from the DSU environment despite ODOC?s intent to hinder. As part of the settlement agreement, Plaintiff agreed not to divulge the terms of the agreement without ODOC permission. Negotiations as to what can be divulged by Plaintiff are currently taking place. However, in an April 13, 2003 communication to Plaintiff, los Ricos stated:

"Just before lights out, correctional officer Birch [ODOC STG] came by for a chat. He says you?re about to win your lawsuit? It looks like they are in the process of re-writing the mail rules, so that we can have most anarchist literature regardless of circle-A?s."

The compromise settlement gives Plaintiff and similarly situated persons the relief that they could reasonably have expected from the US District Court. Being a contractual compromise, the settlement is revocable should one or the other of the parties default from the agreement. There were no monetary damages sought in the lawsuit.

The success of Plaintiff and similarly situated persons here provides twenty-first century proof of the viability of the viability of the decentralized, individualist, and collective Anarchist ideal. Viva la revolucion!

Combat is an open forum. Takes and discussion on the foregoing dispatch are not only welcome but encouraged. Dispatches are encouraged from the front lines everywhere in the revolutionary diaspora, on any subject that is calculated to move the revolution forward. You can write to:

Brian McCarvill 11037967

Oregon State Penitentiary

2605 State Street

Salem, OR 97310