Radical media, politics and culture.

Retaliatory Transfer of Anarchist Prison Litigator






Anarchist Prisoners' Legal Aid Network
writes "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"