The Lingering Injustice of Attica 
http://www.nytimes.com/2011/09/09/opinion/the-lingering-injustice-of-attica.html
 

By HEATHER ANN THOMPSON 
Published: September 8, 2011 


Philadelphia 

FORTY years ago today, more than 1,000 inmates at Attica Correctional Facility 
began a major civil and human rights protest — an uprising that is barely 
mentioned in textbooks but nevertheless was one of the most important 
rebellions in American history. 

A forbidding institution that opened in 1931, Attica, roughly midway between 
Buffalo and Rochester, was overcrowded and governed by rigid and often 
capricious penal practices. 

The guards were white men from small towns in upstate New York; the prisoners 
were mostly urban African-Americans and Puerto Ricans. They wanted decent 
medical care so that an inmate like Angel Martinez, 21, could receive treatment 
for his debilitating polio. They wanted more humane parole so that a man like 
L. D. Barkley, also 21, wouldn’t be locked up in a maximum security facility 
like Attica for driving without a license. They also wanted less discriminatory 
policies so that black inmates like Richard X. Clark wouldn’t be given the 
worst jobs, while white prisoners were given the best. These men first tried 
writing to state officials, but their pleas for reform were largely ignored. 
Eventually, they erupted. 

Over five days, Americans sat glued to their televisions as this uprising 
unfolded. They watched in surprise as inmates elected representatives from each 
cellblock to negotiate on their behalf. They watched in disbelief as these same 
inmates protected the guards and civilian employees they had taken hostage. 

They also saw the inmates request the presence of official “observers” to 
ensure productive and peaceful interactions with the state. These eventually 
included the New York Times columnist Tom Wicker; the radical lawyer William M. 
Kunstler; politicians like Arthur O. Eve, John R. Dunne and Herman Badillo; and 
ministers as well as activists. 

As the rebellion wore on, and the lawn around Attica filled with hundreds of 
heavily armed state troopers, these observers worried that Gov. Nelson A. 
Rockefeller, having already refused to grant amnesty to the inmates if they 
surrendered, would turn to force. This, they knew, would result in a massacre. 

Several observers begged the governor to come to Attica. In lieu of amnesty, 
they reasoned, his presence might at least assure the inmates that the state 
would honor any agreement it made with them and prevent any reprisals should 
they end their protest. Rockefeller wouldn’t consider it. 

On the morning of Sept. 13, 1971, he gave the green light for helicopters to 
rise suddenly over Attica and blanket it with tear gas. As inmates and hostages 
fell to the ground blinded, choking and incapacitated, more than 500 state 
troopers burst in, riddling catwalks and exercise yards with thousands of 
bullets. Within 15 minutes the air was filled with screams, and the prison was 
littered with the bodies of 39 people — 29 inmates and 10 hostages — who lay 
dead or dying. “I could see all this blood just running out of the mud and 
water,” one inmate recalled. “That’s all I could see.” 

Incredibly, state officials claimed that the inmates, not the troopers, had 
killed the hostages. Meanwhile, scores of inmates who had survived the assault 
were tortured. Enraged troopers, and not a few correctional officers, forced 
these men, many of whom had been shot multiple times, to crawl naked across 
shattered glass and to run a gantlet as fists, gun butts and nightsticks rained 
down on their bodies. Investigators from the state police, the very entity that 
had led the assault, were then asked to determine what had gone wrong — all but 
guaranteeing that only inmates, not troopers, would face charges. Public 
opinion toward the inmates, once sympathetic, gradually turned against them. 

The hostages were also treated miserably. The state offered families of dead 
hostages small checks, which they cashed to tide them over in this difficult 
time, but it did not tell them that taking this money meant forgoing their 
right to sue the state for sizable damages. 

Much of the nation, however, never heard this history. Had it not been for the 
legal fight waged by inmates to hold the state accountable, and the testimony 
provided later by surviving hostages and their families, there might have been 
no official record of these brutal acts. 

In 1997, the inmates were awarded damages for the many violations of their 
civil rights and, though the state fought that judgment, in 2000 it had to pay 
out a settlement of $8 million. In 2005, the state reached a settlement with 
the guards and other workers for $12 million. The vast majority of the inmates 
and guards got far less than they deserved. 

Despite having to pay damages, 40 years later, the State of New York still has 
not taken responsibility for Attica. It has never admitted that it used 
excessive force. It has never acknowledged that its troopers killed inmates and 
guards. It has never admitted that those who surrendered were tortured, nor 
that employees were misled. 

We have all paid a very high price for the state’s lies and half-truths and its 
refusal to investigate and prosecute its own. The portrayal of prisoners as 
incorrigible animals contributed to a distrust of prisoners; the erosion of 
hard-won prison reforms; and the modern era of mass incarceration. Not 
coincidentally, it was Rockefeller who, in 1973, signed the law establishing 
mandatory prison terms for possession or sale of relatively small amounts of 
drugs, which became a model for similar legislation elsewhere. 

As America begins to rethink the wisdom of mass imprisonment, Attica reminds us 
that prisoners are in fact human beings who will struggle mightily when they 
are too long oppressed. It shows as well that we all suffer when the state 
overreacts to cries for reform. 


-- 


Heather Ann Thompson, an associate professor of history at Temple University, 
is writing a book on the Attica uprising. 





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