We Are Not Slaves: Rethinking the Rise of Carceral States through the Lens of the Prisoners' Rights Movement

Abstract

In November 1966 Fred Arispe Cruz sat naked in a darkened cell in the solitary confinement wing of the O. B. Ellis Unit in the Texas state prison system. Cruz was a frequent visitor to solitary, but this particular stay seemed to him truly unjust, as the cause was the guards’ discovery of a copy of the U.S. Constitution in his cell. Cruz had been a prisoner in Texas since 1961, when he arrived at the Harlem Prison Farm on thirty-five-yearand fifteen-year convictions for aggravated robbery. Within his first year as a prisoner within the Texas Department of Corrections, Cruz continued legal work on his appeal and became one of the earliest inmate pioneers to learn law and act as a jailhouse lawyer. Texas prisoners who acted as their own attorneys wrote appeals and writs of habeas corpus for court-ordered intervention, seeking relief from what they argued were unjust and illegal detentions.1 Among his fellow prisoners, Cruz was known as one of those “writ writers,” but among prison administrators he was simply called an “agitator.” He became an avid student of the law, mastering legal precedents, rules, and procedures, and his reputation among other inmates, particularly among Chicano prisoners and black Muslim prisoners, became such that they sought him out for help on their appeals processes. As Cruz’s fame grew between 1962 and 1966, so did the animosity of his captors, who increasingly viewed him as a threat to the prison system’s otherwise-comprehensive control and power. Prison administrators barred Cruz, and any other writ writer, from keeping legal material in his cell, on the grounds that it was illegal for any inmate to work on the cases of fellow prisoners. When Ellis Prison administrators found the Constitution in Cruz’s cell, they argued that the framing document for American government constituted “legal material,” and they subsequently cast Cruz once again into the darkness of solitary confinement. This action sparked a prison-made civil rights