Thursday, June 1, 2017




Our friend Rashid is being retaliated against for his prison organizing. He had a shank planted on him (see here or a shorter synopsis for background) which was used as an excuse to take away his legal materials and typewriter. 

Please call the following numbers. You may use the script below.

William Clements Unit
(806) 381-7080 – ask to speak to the warden’s office or if unavailable to property
open 24/7

Region V Director
Phone: 806-296-4500 or FAX 806-296-4521
Ask for Captain Ramirez
Monday through Friday 8:00 a.m. – 3:00 p.m.

Texas Department of Criminal Justice
Ombudman’s office
Phone: (936) 437-4927
Monday through Friday 8:00 a.m. – 5:00 p.m
Follow up by emailing:

Hi, my name is _____. I am calling to make a formal complaint on behalf of Kevin “Rashid” Johnson, inmate number 1859887. I am a friend of Mr. Johnson's. I am calling to request that his property, including his legal materials, books, and typewriter, be returned. I believe that being denied access to his legal materials impedes his ability to access legal redress.

I believe that planting a weapon on him and taking his materials is retaliatory for his work exposing wrongful prison deaths.  Regardless, legal materials do not pose a security threat to other inmates or correctional officers, and there is no legitimate security reason to keep him from having access to his books, writings, or typewriter.

I will be following up to make sure that his materials have been returned.

Thank you,

Your name

Follow up by writing. You can use the following letter as a template. Please mail to these addresses:

Mr. Harold Clarke
Virginia Department of Corrections
P.O. Box 26963
Richmond, VA 23261-6963

Mr. Terry Glenn, Interstate Compact Supervisor
Virginia Department of Corrections
P.O. Box 26963
Richmond, VA 23261-6963

Texas Department of Criminal Justice
P.O. Box 99
Huntsville, Texas 77342-0099

Texas Department of Criminal Justice
Region V Director's Office
304 W 6th St
Plainview TX 79072

Kevin Scott
Director of Administrative Review and Risk Management Division
PO Box 99
Huntsville, Texas 77342-0099

Warden Kevin Foley
Clements Unit
9601 Spur 591
Amarillo, TX 79107

Offender Access to Courts, Counsel, and Public Officials Department
Vickie Barrow, Program Manager
1060 Hwy 190 E.
Huntsville, TX 77340

Formal Complaint Re: Mr. Kevin Johnson, TDCJ #1859887

I write to make a formal complaint regarding the taking of the property of Mr. Kevin “Rashid” Johnson, TDCJ #1859887.  I am a friend of Mr. Johnson's, and I demand Mr. Johnson’s property, including his legal materials and typewriter be immediately returned to him.
There seem to be two misconceptions regarding Mr. Johnson’s denial of his property: his presence while the property was removed, and whether he was showing “active progression” regarding these causes, a requirement of him being able to keep this property as legal materials.
While in the holding cell and on audio/video recording, Mr. Johnson told prison staff that legal cases that TDCJ staff said were closed had actually been re-filed and that new cases he filed were related to those cases. He provided prison staff with a list of these legal cases/documents on two occasions—March 17 and March 28, 2017, listed here:
1.Johnson v Barrow, et al., cause # CL17001408-00 Richmond, Virginia Circuit Court;
2.Johnson v Virginian, et al., cause # CL17001407 Richmond, VA Circuit Court;
3.Johnson v Flowers, et al., cause # 2:17-cv-054-J U.S. District Court in Amarillo;
4.Johnson v. C. Peters, et al., cause #3:17-cv-00460-AA U.S. District Court of Oregon.
Mr. Johnson also reported to staff that he was researching in order to file a motion under Federal Rules of Civil Procedure 60 (b) (4) in an inactive Oregon case, which has no time limit. The confiscation of Mr. Johnson’s legal materials on this research forced him to file his motion on April 14 (after his research materials were confiscated) without the benefit of any of his needed property.
On April 6th, 2017, Mr. Johnson’s property was removed from his cell, while he was held in a different cell. This is a violation of ATC-040 (Rev. 3), page 6 requiring “the offender’s participation” as “essential”, and “mandatory”: “The offender must articulate, justify and verify any questionable property being considered for subsequent storage and fully participate in the review process.”  Mr. Johnson was locked in a different holding cell as prison staff removed what they chose from his cell.
On April 7th, 2017, a disciplinary hearing was held on the (planted) weapons infraction. The hearing was presided over by captain Patricia Flowers, against whom Mr. Johnson has lawsuit #3 listed above, and Mr. Johnson still has grievances pending against her. His “guilt” – even though he has provided an affidavit from another prisoner who attests the ‘shank’ was his and planted in Mr. Johnson’s cell – was established without Mr. Johnson being able to call any witnesses forward or be present at the disciplinary “hearing”.  
Without his presence in the cell, how could the staff make the determination which causes were closed or “inactive”? They cannot say they read the many inches of legal documents because to do so they would have had to have written authorization from the warden stating they were searching for “written contraband,” which was not the basis of their confiscation and which has not been provided.
It is clear to me that the confiscation of Mr. Johnson’s personal property, including his legal materials, is a retaliatory action by prison staff due to the devastating exposure he has, through his research, writings, and lawsuits provided to the public of the illegal and torturous, cruel behavior of TDCJ staff and management.
What will you do to make this happen?

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