UPDATE: Eric’s Latest Civil Suit Filings, and Addressing Illegal Confinement

PLEASE SUPPORT ERIC AND HIS FAMILY’S RELEASE FUNDS HERE

There have been separate actions and filings undertaken by Eric and his legal team within the last three weeks. https://www.dolawllc.com/

On Monday, February 27th, a habeas petition was filed to address Eric’s illegal confinement within the ADX Supermax in Colorado, along with a demand for an emergency court hearing and a protection order against BOP staff to address:

-Illegal, retaliatory placement within the Supermax

-Years of retaliatory disciplinary hearings by BOP staff

-Denial of all good time credit towards his pending release

-Imprisonment extending beyond the February 2023 projected release date for halfway house or home confinement eligibility

-Years of Eric’s endless captivity in segregation

-The ADX Supermax Special Administrative Procedure policies being publicly unreviewable, and the lack of structure for the release of ADX prisoners being in violation of directives by Congress as well as the Administrative Procedure Act

-Eric’s repeated lack of access to legal counsel, as well as contact with family or the general public

-Years worth of medical care negligence

-The continual denial of administrative review by prison staff for Eric’s maximum security designation and endless placement in segregation

-Conspiracy to place white supremacist prisoners near Eric to target him

-The irreparable harm this will cause to Eric’s safety

The finalized civil complaint was also submitted February 21st, illustrating the BOP’s collusion in various capacities through the Klan Act, Bivens, Tort Claims, and Administrative Procedure Act:

The Klan Act confronts the deprivation of constitutional rights inflicted on citizens by any official acting under color of law, including direct or indirect deprivation of rights. This means government employees who blatantly act with impunity, but also those who knew of a violation and was in a position to prevent the deprivation of rights but did nothing. The Klan Act’s origin was to confront government officials that enabled the Ku Klux Klan to murder, assault, lynch, and attempt coups for power or control elections. It directly confronts racial and class targeting as a discriminatory motive from government officials. This lawsuit reveals specifics of how Eric has been blatantly targeted by prison staff for being antiracist and antifascist.

The Bivens filings compliment the Klan Act, because it specifically applies to federal agents/employees acting unconstitutionally in the name of the US government while performing their official duties.

The Federal Tort Claim that’s filed addresses Eric’s physical injuries, retaliatory destruction of property, and negligence by acting officers of the DOJ and Bureau of Prisons.

The lawsuit also references the Administrative Procedure Act, which was created so “agencies must abide by their own regulations” to prevent abuse of power and impunity. Eric has exhausted all administrative review processes available to prisoners to file grievances or to have a chance to be seen by a judge, with Eric literally targeted and punished by using one of the only avenues available to him as a prisoner to address his 1600+ days in segregation, the violence and harassment inflicted by prison staff, his lack of phone time or visits or mail, lack of access to his attorneys, and lack of proper medical care.

Right now, the very best way to help Eric and his family is to share this fundraiser to prepare for whatever comes next, as he and his family faces dire financial needs to establish life on the outside. Especially while Eric’s family continues to fight to gain approval from probation for Eric to be released to his family’s home.

“White Trash Anarchist” a poem by Eric King

White trash anarchist 
I still love, All the simplest things  
my wife in one hand 
the other, a can of black beans 
hitting every dumpster, 
Target & Barnes and Noble 
Haven’t got any posher 
as I’ve gotten older 
Sit w/Dev in parking lots 
Me & R on starry walks 
and teach my little ones 
how to jam locks 
Deflate the ‘pigs’ rolling prisons 
Tag a bit of wisdom  
finding life a true delight 
outside of capitalism 
we’ve got a system to demolish 
and prisons to abolish 
but where I’ll find the most peace 
this with my little radical family  
with my wife in one hand 
& the other a can of black beans 

1/17 Update!!

Eric is so grateful, overwhelmed and humbled by all of the support that has been coming in. Taylor Swift news. Feedback on his writing. Books, notes, letters. He had tears in his eyes this weekend when he was told about it. Life afterward has been on his mind a lot. Getting out, surviving and raising children. And also wrestling with the inadequate feelings when it comes to job prospects, housing and an incredible foreign world. When he entered prison there was not a ton of people lining up his support him. It took months to get a book purchased from his list. Seeing real tangible support is helping quiet those fears. Thinking about cars, computers and capitalism and how much closer he is to working it all out.

Outdate fundraiser link here (we started at a small goal to help him see a little bit of stability <3 we will be fundraising in different ways as well as adjusting the goal a bit as we get closer) https://gofund.me/a7a87920

He Has been having some really intense neck problems some he has been seeking help for 3 plus years. some new and affecting his movement and ability to respond to letters right now. He wanted us to tell everyone how the letters have been so amazing but it has been so painful to write he has found himself out of necessity needing to shorten his responses as he waits for mri scans

Things have been ok. He has finally has his first phone call with his family since 2018, and first visit since the week after trial. He is a bit overwhelmed by the difference in respect that comes from the guards around him. Well trained guards, because the ADX demands that. Guards that know the law and are asked to follow it. It has definitely caused some reflection and wonder… what would it have been like if he were met with guards like this in Englewood? Florence medium? Leavenworth, USP McCreary? FTC Oklahoma? USP Atlanta? USP Lee?

He is safe and thinking about what it will be like ending this year on his way to freedom <3 We have added some notebooks to his Amazon book list because he needs some paper that is a manageable size. As well as his current obsession and the goal reading every book Colum Mccann has written.

https://www.amazon.com/hz/wishlist/ls/OEWNQ9RMQGZR?ref_=wl_share

“Just some sad X-mas poems”

More than coffee or peanut butter 
 Or Big Bang returns all night through 
 more than a warm shower 
 or 100 laps in a loop 
 more than some decent toothpaste 
 or a couple of great books to read 
 would be for someone to say 
 “hey how are you doing, 
 are you OK? “
 Merry Xmas 

 My inside bars are green 
 so I pretend to be in the forest 
 there’s predators lurking 
 big &small, gotta keep your wits about you 
 the climate is unpredictable 
 it just takes one miscalculation 
 and your ass is lost  
I scrounge what I can find to eat 
 keep my shadows close to me 
 the jungle is an unforgiving place 
 such is the BOP 

Things I wish I knew 9 years ago

  1. It can always get worse… at CCA I thought nine months segregation pre-trial was wretched and surely illegal torture.. at Englewood low, I was stunned by the harassment that SIS would engage in and the bullshit they put my family through… At Florence medium I was enraged by how long it took emails and books to get through… since I’ve gone YEARS without visits, calls, mail, radios, I’ve been hospitalized by staff, been deprived basics like clothes, food and mail… They can always turn up the heat… And they will in accordance to your spirit and resistance
  1. Most people you meet won’t be anti government, anti cop, or even anti prison… they will hate these institutions in relation to how they oppress them, but not the wider spectrum… This is why radicalization inside is so important and difficult; convincing someone who thinks Michael Brown “deserved it” that they are wrong and misguided is infuriating, yet necessary work. 
  1. No matter what custody level you’re at being respectful and having a routine is VITAL. Eric McDavid hipped me to this at Englewood, but because I was surrounded by creeps, narcs and old folk, it didn’t seem relevant. I would learn though. Having the routine gives you a day structure and a bit of purpose, it gives meaning to a life that at times can feel meaningless. Being active keeps your brain up also… with respect, it’s just a good idea in prison and in life really. About 80% of my issues implied can come from reckless talk and could have been avoided.  
  1. You’ll meet some really good people. People who will look out for you, fight for you, celebrate and mourn with you. You will not always agree on ethical or political issues, but if you push away everyone you will be wildly isolated and that is dangerous … You need people to have your back from other prisoners and from staff… Accept the friendship and use it to try to open minds and hearts. 
  1. People who “support” you can be real friends, keep yourself open and don’t worry about posturing to impressed… To feel as if you “deserve” support or friendship… Some will stick around, some will fall off, neither is an implication of your worth… it’s OK to be you… To love Taylor, to feel for Ted, to have a complicated relationship with the church, to love English football while hating the English empire… be yourself and to be open to love and friendship. 
  1. You don’t have to accept support from people or groups that make you feel conflicted… there’s no obligations… you can speak up and say “no thanks” without feeling guilty or self sabotaging. Trust yourself. 
  1. Grow out your hair. Having long hair is fun, though also being a pain in the ass to dry. 
  1. ASK For the help you want, trust the people who love you to back you. Be proactive with projects you want to start, believe in yourself and your ideas I took too long and people had to tell me it was OK to have wants and needs and to voice them. Prison is more enjoyable when you’re involved in things that make you feel good. 
  1. Being anti fascist, anti racist, or a political prisoner does not remove you from the bullshit inside. You still live in this realm and have to follow basic guidelines… feeling outside it all will cause issues early on… you gotta find ways to walk the line while maintaining your ethics… you have to eat with potentially hateful people, but you don’t have to laugh at their nastiness. Be creative, you’ll find ways… like you can’t work out with other races, but you can teach and take classes with them… there are ways, but be safe. You are not above it all. 
  1. Don’t let people try to buddy hustle you for drug money under the guise of mutual aid… folks will try to use your ethics against you… manipulation is real and so is scheming. People will pretend to share radical ideology, pretend to be interested… then use solidarity to scheme, steal addresses, steal phone minutes ect. Fuck them. There are trash people inside, just like outside. 
  1. Never, ever, let yourself be a victim. 
  1. Feel the hurt, be vulnerable with those you love and trust, let yourself stay human, not an institutionalized robot. You’re in this world, but it isn’t your world, there’s so much more to your life an existence than your captivity. 
  1. Fight to win. 

Eric’s release fundriser is LIVE and can be found here https://www.gofundme.com/f/release-funds-for-political-prisoner-eric-king

“Perspective” a poem by Eric King

Perspective
Got to see Mahomes play today
what a wonderful world to be in
Iranian women are risking their lives
for just a taste of freedom
What matters most, depends upon
under what stars you are dreaming
One persons Koi fish pond
is another’s piranha
Sometimes its easy to feel the breeze
bask in the beauty of fauna
Sometimes just getting out of bed
is a victory over the trauma
You can go to Jordan, & see the Petra
or get trapped in a CIA prison
What may seem a tasty veal steak
is another beings dead children
Go ahead & wear a Christian mask
to cover your fascism
Got to see Casemiro today
A perfect world to be in

“Prison ain’t for sensitive boys” a poem by Eric King

Prison aint for sensitive boys

I still think about every fight

every scraping – making of knives

wondering what happened to those lives

they were sharpened for?

I still feel every spray

every breath it stole away

wondering what violence will come today

W/the squad at your door

I still hear every screaming voice

every life isolation destroyed

prison ain’t the place for a sensitive boy

I don’t want this no more

Eric’s list: Ways the adx is different from SHU

Ways ADX is different from SHU:

1. 2 doors

2. No cell-to-cell contact

3. TV

4. Books

5. You ‘program’ in your cell

6. Rec is totally by yourself—indoor and outdoor

7. Bunk is made of concrete

8. Desk is made of concrete

9. Every door is 100% electronic

10. Every man is 2-man hold

11. Guards have batons in hand

12. No screaming or rapping-thank god

13. No one is ever coming and going, in the SHU people are constantly coming back with news or transferring, everyone is stationary here

14. We can wear sweatpants and shoes

15. We have to slide ‘cop-outs’ under the outside door. Never hand to hand.

16. No standing count ever

17. I control my lights

18. Guards drop off trays—if I don’t want I don’t have to say or interact in any way with them

19. I have all my sheets, blankets, and laundry. Tues and Thurs are laundry day

20. Often feel dizzy in these cells

21. Campers do laundry, canteen, and make our food

22. No radios

23. Hella coffee

24. Entire prison is on the same status, mostly

25. Heard absolutely zero shit talk or antagonism from staff – yet

26. It’s so quiet, eerily so