PTSD SC: Post-Traumatic Stress Disorder Solitary Confinement

photo collage of Baridi J. Williamson and Sitawa Nantambu Jamaa

Baridi J. Williamson and Sitawa Nantambu Jamaa in a photo collage

Published in the SF Bayview, February 26, 2018

by Sitawa Nantambu Jamaa and Baridi J. Williamson

California Department of Corrections and rehabilitation (CDCr) had been locking classes of prisoners up in solitary confinement since the ‘60s as part of CDCr’s para-military low-intensity warfare, to break the minds and spirits of its subjects, California’s prisoner class. CDCr’s solitary confinement has two operating components: 1) punishing you and 2) physically and mentally destroying you.

In the 1970s, CDCr’s report to then Gov. Ronald Reagan on revolutionary organizations and gangs resulted in Reagan ordering the CDCr director to lock up all radicals, militants, revolutionaries and jailhouse lawyers who were considered “trouble-makers.”[i] And a 1986 report by the CDCr task force stated that during the ‘60s and ‘70s, California’s prisoners became “politicized” through the influence of outside “radical, social movements.”

And conscious prisoners began to “demand” their human, constitutional and civil rights,[ii] as exemplified by those politicized prisoners of war (PPOW) like W.L. Nolen.[iii] In the late ‘60s, Nolen and other PPOWs filed a civil rights class action case challenging the inhumane, degrading conditions and institutional racism that was prevalent at Soledad Prison’s solitary confinement O-wing,[iv] as well as throughout CDCr’s prison system to date.

The 1986 CDCr task force report recommended that CDCr build “supermax” prisons for this politicized class of prisoners, which was echoed by the California prison guards’ union (known today as CCPOA) in continuing their low-intensity warfare upon California prisoners up into and through the ‘80s.

Shortly thereafter, California government through its apparatus CDCr, built its solitary confinement torture sites, such as Security Housing Units (SHUs) and Administrative Segregation (Ad-Segs) at Tehachapi in December 1986, New Folsom in December 1987, Corcoran in December 1988 and at Pelican Bay State Prison in December of 1989. All were designed with the malicious intent to destroy human lives through their diabolical low-intensity warfare scheme of mass validation – group punishment – indeterminate SHU classification and enhanced “debriefing” interrogation, known as “snitch, parole or die!”

Each of California’s governors and CDCr cabinet secretaries from 1977 to 2015 knowingly enhanced their system to become more repressive upon the prisoners held in solitary confinement in the SHUs. We prisoners have known for the past decades that California citizens have not condoned the torture of California prisoners. Nevertheless, since the ‘60s, each state governor and legislature knowingly sanctioned solitary confinement torture.

California’s CDCr – with the winks and nods of lawmakers and judges – has held countless prisoners in solitary confinement, whether it is called Ad-Seg, Management Control Unit, Adjustment Center, SHU or Administrative SHU, longer than any prison system within the United States, ranging up to 45 years of torture and acts of racial discrimination from Soledad Prison’s O-wing to PBSP’s new form of solitary confinement torture.

The case of Madrid v. Gomez was the first acknowledgement on the part of California authorities and judiciary recognizing the harm that CDCr had been causing – mental torture – to those held in solitary confinement across the state’s prison system.[v]

We prisoners have known for the past decades that California citizens have not condoned the torture of California prisoners. Nevertheless, since the ‘60s, each state governor and legislature knowingly sanctioned solitary confinement torture.

The Madrid case touched on the harsh conditions and treatment toward the solitary confinement prisoners at PBSP. It is a clear fact that during the years 1989 to 1994, PBSP had one of the most notorious Violence Control Units (VCUs) in the U.S. CDCr-PBSP officials utilized the VCU for to violate prisoners’ human, constitutional and civil rights by beating us and destroying the minds and spirits of so many of us for years.

An example of how some prisoners would find themselves forced into PBSP’s VCU is when the CDCr bus would arrive at PBSP and park outside the entrance doorway to solitary confinement – Facilities C and D. A squad of goons dressed in paramilitary gear with black gloves, shields and riot helmets would be there waiting. They called themselves the “Welcoming Committee.”

These guards, describing themselves as the Green Wall guard gang, using “G/W” and “7/23” as symbols for “Green Wall,” would roam through the SHU corridors assaulting, beating and scalding prisoners. See Madrid v. Gomez.

The Welcoming Committee would select one or more prisoners and pull them off the bus – usually choosing those the transportation guards accused of “talking loud.” They would take each one to the side and jump on him, then drag him off through the brightly lighted doorway.

These guards, describing themselves as the Green Wall guard gang, using “G/W” and “7/23” as symbols for “Green Wall,” would roam through the SHU corridors assaulting, beating and scalding prisoners.

When the rest of the prisoners were escorted off the bus into the corridor to be warehoused in the general SHU cells, they would see those beaten prisoners dragged off the bus “hog-tied”[vi] and lying on their stomachs or crouched in a fetal position, sometimes in a pool of blood.[vii]Later, they were dragged off to the VCU, where they were targeted with intense mind-breaking operations.

When these prisoners were eventually taken out of VCU and housed in the general SHU cells, they mostly displayed insanity – smearing feces all over their bodies, screaming, yelling, banging cups, throwing urine.[viii] And it was only when prisoners began to go public about the VCU at PBSP that CDCr ceased those practices.[ix]

The effects of solitary confinement at PBSP compelled CDCr to establish Psychiatric Service Units (PSUs) in response to the Madrid ruling for remedying the conditions that were destroying the minds of all prisoners who were held captive from the time of the Madrid ruling in 1995 through 2014, but they were poor and ineffective. Those released to the PSU from SHU fared no better than others held in solitary confinement at PBSP.

Prisoners in SHU continued to suffer mental, emotional and physical harm with no remedy made available by CDCr until we were released out to General Population units by the Departmental Review Board (DRB) between 2012 and 2014 and the Ashker v. Brown class action settlement in 2015.

These released prisoners were coming from a torture chamber, where by necessity they created coping skills like self-medicating. Typically, when coming out of solitary confinement, women and men prisoners show signs of depressive disorder and symptoms characteristic of self-mutilation, mood deterioration and depression, traumatic stress disorder, hopelessness, panic disorder, anger, obsessive-compulsive disorder, irritability, anhedonia, fatigue, feelings of guilt, loss of appetite, nervousness, insomnia, worry, increased heart rate and respiration, sweating, hyperarousal, serious problems with socialization, paranoia, loss of appetite, as well as cognitive issues, nightmares, muscle tension, intrusive thoughts, fear of losing control, and difficulty concentrating.[x]

Prisoners in SHU continued to suffer mental, emotional and physical harm with no remedy made available by CDCr until we were released out to General Population units by the Departmental Review Board (DRB) between 2012 and 2014 and the Ashker v. Brown class action settlement in 2015.

The California prison system realized that these prisoners held initially at PBSP and subsequently at Tehachapi and throughout the system had their constitutional rights violated under the Eighth Amendment ban against cruel and unusual punishment and the 14th Amendment guarantee of due process of the law, for decades.[xi]

Jules Lobel of the Center for Constitutional Rights and lead counsel in Ashker stated:

“The torture of solitary confinement doesn’t end when the cell doors open. California’s continued violation of the Constitution and new evidence of the persistent impact of prolonged solitary confinement requires CDCR to make essential changes in their conduct and rehabilitative programs, and, more broadly, demonstrates the urgent need to end solitary confinement across the country.”[xii]

The Ashker v. Brown class action, settled in 2015, is a historic lawsuit exposing those violations and the harms they cause. We, as California prisoners and citizens of this state, deserve to be treated for the intentional cruelty caused by state-sanctioned torture. This is especially so for the hundreds of solitary confinement prisoners who have spent more than 27 months in any form of solitary confinement, which constitutes torture, according to the Ninth Circuit.[xiii]

CDCr has continued to shun its governmental responsibilities and has not effectively remedied the pain and suffering of thousands of solitary confinement prisoners who have been released to General Population through the DRB and Ashker. All of them are suffering from various aspects of Post-Traumatic Stress Disorder Solitary Confinement (PTSDSC).

We, as California prisoners and citizens of this state, deserve to be treated for the intentional cruelty caused by state-sanctioned torture.

If you are reading this, join us in writing, emailing and calling Gov. Brown (916-445-2841 or jerry.brown@gov.ca), Secretary of CDCr Scott Kernan (916-324-7308) and Sen. Holly Mitchell (916-324-7308 or http://sd30.senate.ca.gov/e-mail-holly), who chairs the Public Safety Committee overseeing CDCr, and demand the following government actions be taken to remedy the decades of damage done to us:

  • That CDCr provide statewide men’s and women’s PTSDSC support groups modeled after the “Men’s’ Group” program we created at Salinas Valley State Prison Facility C, which has been approved by the administration – wardens, community resources managers (CRMs) – for our PTSDSC class and is only awaiting locating a sponsor to get started;
  • That CDCr allow all PTSDSC prisoners to go through this six-month relief program at their respective GP locations;
  • That CDCr provide effective in-service training of staff in fairly and respectfully dealing with PTSDSC class members, including in appeals, disciplinary and medical matters;
  • That CDCr adopt all recommendations in the 2017 report of the Human Rights in Trauma Mental Health Lab at Stanford University, detailing the ongoing negative health consequences that Ashker class members have suffered following their release from long-term solitary confinement into GP:
    • Provide peer-facilitated support groups for all PTSDSC class members; and
    • Provide independent psychiatric care for all PTSDSC class members to receive PTSDSC mental and emotional health and psychological services in this form.
  • That Gov. Brown and the California legislature order the Board of Parole Hearings to stop denying our PTSDSC class members who are serving life sentences a fair opportunity to be released home, thereby doubly punishing and torturing us because we were unlawfully kept in solitary confinement without due process and exercised our constitutionally protected right to peacefully protest with hunger strikes to be released, refusing to debrief and become their snitches.

In struggle!

Prisoner Human Rights Movement

©Dec. 1, 2017, Sitawa Nantambu Jamaa and Baridi J. Williamson. Send our brothers some love and light: Sitawa Nantambu Jamaa (R.N. Dewberry), C-35671, and Baridi J. Williamson, D-34288, SVSP C-118, P.O. Box 1050, Soledad CA 92960.

[i] See “CDCR Task Force Report on Gangs, Violence and SHU,” 1986, citing CDCr’s 1971 “Report to Gov. Ronald Reagan on Revolutionary Organizations”

[ii] Same as above

[iii] See “Melancholy History of Soledad Prison,” by Min Yee

[iv] See case of W.L.Nolen, et al. vs. Fritzgerald, Warden of Soledad Prison (1969)

[v] See Madrid v. Gomez (U.S. Dist. Ct., N.D.Cal., no. c-90-3094), 889 F.Supp. 1146 (1995)

[vi] See Madrid, above, at footnote 5

[vii] See article, “Potty Watch: PBSP Human Rights Violations” by the Freedom & Justice Project, published in Prison Focus April 2011

[viii] See Madrid

[ix] See PBSP SHU prisoners’ letters and interviews, Pelican Bay Information Project (PBIP)

[x] See 2017 Stanford University lab report by the Human Rights in Trauma Mental Health Lab, detailing the ongoing negative health consequences Ashker class members have suffered following their release from long-term solitary confinement into the general prison population.

[xi] Ashker v. Brown, class action (U.S.N.D.Cal. no. 09-cv-05796-CW) settlement 2015

[xii] Walker, Taylor, “Two Years After End of Indefinite Solitary in CA, CDCR Violating Terms Of Settlement, and Inmates Experiencing Lasting Psychological Effects, Says Center For Constitutional Rights,” 11/22/17, WitnessLA, witnessla.com

[xiii] See Brown v. Oregon Dept. of Corrections, 751 F.3d 983, 988 (9th Cir. 2014)

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Summary of Ashker v. Governor of California

Summary of Ashker v. Governor of California

Settlement Terms

[from: CCR website]

When Ashker v. Governor was first filed as a class action in 2012, thousands of prisoners across the state of California languished in prolonged solitary confinement in Security Housing Units (SHU). At Pelican Bay State Prison alone, more than 500 prisoners had been held in the SHU for over 10 years, and 78 prisoners had been there for more than 20 years. They were warehoused in cramped, windowless concrete cells for almost 24 hours a day with no phone calls, infrequent visits through plexiglass preventing physical contact, meager rehabilitative opportunities, and no opportunity for normal social interaction with other prisoners. Their indefinite and prolonged confinement in this torturous isolation was based not on any actual misconduct but on vague and tenuous allegations of affiliation with a gang. Prisoners were routinely placed in prolonged solitary confinement for simply appearing on a list of gang members found in another prisoner’s cell, or possessing allegedly gangrelated artwork and tattoos.

In 2015, the plaintiffs agreed to a far-reaching settlement that fundamentally alters all aspects of this cruel and unconstitutional regime. The agreement will dramatically reduce the current solitary confinement population and should have a lasting impact on the population going forward; end the practice of isolating prisoners who have not violated prison rules; cap the length of time a prisoner can spend in solitary confinement at Pelican Bay; and provide a restrictive but not isolating alternative for the minority of prisoners who continue to violate prison rules on behalf of a gang.

1. The settlement transforms California’s use of solitary confinement from a status-based system to a behavior-based system.

Under California’s old regime, prisoners identified as gang affiliates were sent to SHU for an indefinite term based merely on their gang affiliation, regardless of whether they had ever violated a prison rule. The settlement transforms California’s use of solitary confinement from a status-based system to a behavior-based system: from now on, California will only send gang-validated prisoners to SHU if they are found guilty, at a hearing, of a serious “SHU-eligible” rule violation. These violations are now limited to the same violations that send non-gang-validated prisoners to the SHU: murder, violence against persons, threats to kill or assault, weapons possession, distribution of controlled substances, escape, disturbance, riot or strike, harassment, gang activity that leads to a serious rule violation, serious theft or destruction of property, extortion or bribery, certain sexual misconduct, and related attempts or conspiracy.

2. Validated gang affiliates who are found guilty of a SHU-eligible offense will enter a quicker two-year SHU step-down program for return to general population after serving their determinate SHU term.

Prisoners validated as gang affiliates in California used to face indefinite SHU confinement, with a review for possible release to general population only once every six years. Even when such reviews occurred, a single piece of evidence of alleged continued gang affiliation led to another six years of solitary confinement. That evidence was often as problematic as the original evidence used to send them to SHU – for example, a book, a poem, or a tattoo that was deemed to be gang-related. As a result, California held more people in solitary confinement, for longer periods of time, than any other state in the country.

Under the settlement, California will no longer impose indeterminate SHU sentences. Instead, after serving a determinate sentence for a SHU-eligible offense, validated gang affiliates whose offense was proven to be related to gang activities will be transferred to a two-year, four-step program. Prisoners will definitely be released to a general population prison setting after two years unless they commit another SHU-eligible offense while in the step-down program. While conditions at the steps remain harsh, prisoners will be allowed some telephone calls and rehabilitative programming at each step.

This new step-down program improves upon interim reforms unilaterally promulgated by the state after the Ashker complaint was filed. It cuts in half the time in the program from four to two years; provides increased phone calls, other privileges, and out-of-cell programming in the steps; and eliminates prisoners being kept in the SHU for either minor infractions or failure to engage in required behavioral programming.

Under this settlement, those prisoners who have refused to participate in step-down programming, or who have been found guilty of numerous acts of misconduct that don’t rise to the level of a SHU-eligible offense, will be transferred to a new unit established as an alternative to solitary: a Restricted Custody General Population Unit (RCGP). In this unit, described below, they will have the opportunity to complete the step-down program in a high-security but non-solitary unit, and earn release into general population.

3. California will review all current gang-validated SHU prisoners within one year to determine whether they should be released from solitary under the settlement terms. It is estimated by CDCR that the vast majority of such prisoners will be released to general population. In addition, virtually all of those prisoners who have spent more than 10 years in solitary will be immediately released to a general-population setting, even if they have committed recent serious misconduct.

The settlement requires speedy review of all prisoners currently held in a California SHU based on gang affiliation. With very limited exceptions, described below, those who have not been found guilty of a SHUeligible offense within the last two years will be immediately released to a general-population unit. Those with a recent SHU-eligible offense will be placed at the appropriate step of the step-down program, based on the date of the rule violation. It is currently estimated that only a small minority of those currently held in a SHU based on gang affiliation have a recent SHU-eligible offense, so that the overwhelming majority of prisoners should be released into general population under this settlement.

In addition, California has implicitly recognized the harm to prisoners from very prolonged solitary confinement by agreeing that those prisoners who have already spent 10 or more continuous years in the SHU will generally be immediately released from the SHU and placed in the RCGP to complete the step-down program – even if they have been found guilty of, or are still serving a sentence for, a recent gang-related SHU offense. Nor will anyone be involuntarily held in the Pelican Bay SHU for longer than five years for any reason. Even those prisoners who have been incarcerated in the SHU for more than 10 years and are currently serving a determinate SHU sentence for serious misconduct will be released to the RCGP to complete their SHU sentence and the step-down program unless California can show by a preponderance of the evidence that to do so would pose an unreasonable security risk.

4. California will create a new Restricted Custody General Population Unit (RCGP) as a secure alternative to solitary confinement.

The RCGP is a general-population unit designed to facilitate positive and meaningful social interactions for prisoners about whom California has serious security concerns, such that they would otherwise be placed in solitary confinement. As such, it may serve as a model for jurisdictions seeking to do away with solitary confinement altogether, while still ensuring prison security.

As part of a general-population unit, RCGP prisoners will be allowed to move around the unit without restraints, will be afforded as much out-of-cell time as other general-population prisoners, and will be able to receive contact visits. As a very high-security, restrictive-custody unit, its group activities will generally be in small groups, instead of large yards. For example, RCGP prisoners will have access to educational courses, a small-group recreation yard, small-group leisure activities and programming, some job opportunities and phone calls. Programming will be designed to provide increased opportunities for positive social interaction with both other prisoners and staff.

Three categories of prisoners will be sent to the RCGP: first, those who repeatedly violate prison rules while in the step-down program or refuse to take part in step-down programming; second, those who have spent over 10 continuous years in some form of solitary confinement and have recently committed a SHU-eligible offense; and third, prisoners against whom there is a substantial threat to their personal safety that limits their ability to be released into other general-population units.

5. Very prolonged solitary confinement will be severely limited and those confined provided significantly more out-of-cell time.

Because this settlement ends the prior practice of indeterminate SHU sentences for validated prisoners, generally prisoners will not be kept in the SHU for more than 10 continuous years, with a limited exception, called Administrative SHU. The settlement limits and ameliorates such prolonged solitary confinement by (a) setting up strict criteria for its use, (b) requiring increased out-of-cell time, and (c) providing for strong judicial review of its use. For example, where the Departmental Review Board has overwhelming evidence that a prisoner who has already served a SHU term presents an immediate threat such that he cannot be placed in general population, he can be kept in the SHU. Even in such instances, CDCR shall provide enhanced out-of-cell recreation and programming of a combined total of 20 hours per week, double the out-of-cell time of other SHU prisoners. During the agreement, CDCR’s decision is subject to review by Magistrate Judge Vadas, who is monitoring implementation of the settlement with plaintiffs’ counsel. The agreement states that CDCR’s expectation is that only a small number of prisoners will be retained in Administrative SHU. The Administrative SHU prisoners will have 180-day reviews in which staff will be required to identify efforts to move the prisoner to a less restrictive environment with the assumption being that these prisoners would be candidates to be moved to the RCGP. In addition, no prisoner may be held involuntarily at Pelican Bay SHU for more than 5 years.

6. Prisoner representatives will work with plaintiffs’ counsel and the magistrate judge to monitor implementation of the settlement.

The struggle to reform California’s use of solitary confinement has always been a prisoner-led movement. Indeed, the settlement was negotiated with the active participation of the prisoner representatives, who met as a group several times with counsel via conference phone calls, and who ultimately decided as a group to ratify the agreement. Under this settlement, prisoner representatives will retain their hard-won seat at the table to regularly meet with California prison officials to review the progress of the settlement, discuss programming and step-down program improvements, and monitor prison conditions. Plaintiffs’ counsel will receive regular documentation of all administrative-SHU and step-down placements, progress, and SHU-eligible rule violations. Along with Magistrate Judge Vadas, plaintiffs’ counsel will monitor all aspects of the settlement implementation. Magistrate Judge Vadas will be empowered to review and remedy any individual or systemic violations of the agreement. In addition, the settlement continues the ability of the prisoner representatives from around the state to confer as a group in a conference call with counsel to discuss the implementation and monitoring of the agreement.

The settlement also requires re-training of California correctional staff, and prohibits any retaliation for prisoners’ past and future involvement in the litigation or settlement monitoring.

The monitoring process under the settlement will be in effect for 24 months, with the opportunity to seek additional 12-month extensions upon a showing of continuing constitutional violations.

The way forward to end solitary confinement torture: Where’s the army?

January 25, 2015

by Todd Ashker

Published in the SF Bay View, Jan. 25, 2015 and on Prisoner Hunger Strike Support

On the subject of SHU and Ad-Seg constituting torture, for those of us who may not be familiar with the specifics and in light of CDCr’s steady stream of propaganda – saying, “We don’t operate any solitary confinement units or cells in the California penal system, nor do we torture anyone” – here’s a summary of relevant facts supporting our position that these SHU and Ad-Seg units and the operations thereof are designed (modeled) after techniques designed to break political prisoners as a control mechanism. They are intended to break prisoners via coercive persuasion into becoming state informants.

I’ll begin by asking you a simple question?

Why is it that CDCr is able to get away with portraying PBSP SHU (Pelican Bay State Prison Security Housing Unit) prisoners as the “worst of the worst” sub-human monsters ever encountered in modern times as justification for their policies and practices of treating said prisoners as sub-human via decades of what is clearly a form of solitary confinement with sensory deprivation – and yet, as soon as these men agree to become state stooges via debriefing, they are no longer a threat and are released to the sensitive needs yard (protective custody) general population prison of their choice?

One of the main reasons they are able to continue to get away with their BS is the failure of the people to hold the lawmakers responsible.

I’ve been in the SHU for 28.4 years, to date, 24.7 years of which has been here in PBSP-SHU. [Editor’s note: This was written Dec. 30, 2014.] I’ve been challenging prison conditions in the courts since 1988, which is viewed as challenging prisoncrats’ authority, and up until our 2011 hunger strike protest, I’d never been formally charged with a gang related rule violation. (During our hunger strike I was issued two rule violations classified as serious. They were for: a) having a photo of my longtime friend; and b) a letter that someone had sent me, a stranger who represented herself as a supporter of our cause and wanted to be a pen pal. Staff gave me the letter, and then came around later and confiscated it and wrote me up.)

The above is intended to put the following into some perspective: Based on my personal experience in PBSP SHU during the past 24.7 years, I’ve experienced many techniques designed to break me. One is isolation from my social group. This is a tactic used here by prisoncrats to physically remove those prisoners deemed “problematic” to areas sufficiently isolated to effectively break or weaken close emotional ties, along with segregation of all natural leaders.

I’ve been challenging prison conditions in the courts since 1988, which is viewed as challenging prisoncrats’ authority, and up until our 2011 hunger strike protest, I’d never been formally charged with a gang related rule violation.

What prisoncrats like to do is claim that this place can’t be considered a solitary confinement unit because you have eight cells to each pod and thus the prisoners in each pod are able to talk to each other. But here is how it actually operates. If you are deemed a “problematic” prisoner by any of the staff – for example, if you are a prisoner who is constantly challenging the prisoncrats’ policies and practices – their way of subjecting you to an informal form of punishment or to try to break you is to put you in a pod where there are no other people of your social group.

Let me give you another example of this, so there is no misunderstanding: I received my CDCr number in December 1982, and in all my time in prison I’ve never had a problem with a cell-mate. In October 1990, I was set up and shot by a guard here in PBSP SHU. This is supported by a published 9th Circuit Court ruling, upholding the federal court jury verdict in 1995, finding the guard in question had subjected me to assault and battery. This injury caused permanent disability and, between 1990 to 2002, I had cellmates who would assist me with daily activities, such as washing the clothes we are not permitted to send to the laundry and with writing.For example, if you’re an African, they’ll put you in a pod without any other Africans anywhere close to you so that you will not be able to speak to any other African prisoner for the duration of time you are on status with the staff. If you’re Southern Mexican (classified as Mexican Mafia), you’ll be put in a pod with no other Southerners – a pod composed of several Northerners, maybe a White and an African – the same if you’re a Northern Mexican or White.

Between November 1995 and December 2002, the man I was celled with and I achieved three published rulings that were favorable for prisoners across the nation, in 2003. And in August 2002, the 9th Circuit Court overturned the District Court’s dismissal of one of our lawsuits regarding pepper spray decontamination policy issues, finding that it could proceed as a respondeat superior claim as well, a rarity in prisoner cases. And in September 2002, the District Court issued two permanent injunctions on our lawsuits re books and the ability to receive materials downloaded from the internet in our mail.

In response, the prisoncrats issued a memo in October 2002 in which they sought to further restrict prisoners’ incoming mail. We had an attorney contact the warden and the deputy attorney general representing CDCr in our lawsuits, demanding they cease their retaliatory acts in response to the injunctions we’d just obtained. And by November they rescinded the memo re mail restrictions.

Then on Dec. 3, 2002, they moved my cellmate and me to a lexan cell, a cell covered with lexan plastic which restricts air flow and the ability to communicate with other people in the pod even more, as well as being either too hot or too cold; and the following day they separated us. The pretext used to justify these retaliatory acts was an incident in another pod, wherein a White prisoner attempted to spear an officer. We weren’t in the same pod and had nothing to do with this incident and were never written up for being involved. We were both isolated from all other Whites and kept in the single cell lexan cells.

“PBSP Abolish the SHU” – Art: Juan Gonzalez, P-44448, PBSP SHU C11-107, P.O. Box 7500, Crescent City CA 95532

“PBSP Abolish the SHU” – Art: Juan Gonzalez, P-44448, PBSP SHU C11-107, P.O. Box 7500, Crescent City CA 95532

In July 2003, the associate warden granted my formal request to be able to double cell with a good friend, so that he could assist me with my daily activities, as per ADA (American Disabilities Act). He was then brought over to the lexan cell that I’d been in since Dec. 2, 2002.

We immediately began to challenge various conditions of confinement via the 602 inmate appeals process, and on May 19, 2004, we filed our lawsuit challenging our indefinite SHU confinement and related no-parole policies. This suit was a precursor to what is now our class-action lawsuit, and on June 8, 2004, we were single celled. I objected to this clearly retaliatory act, and they knew they had a problem because we’d been allowed to double cell in response to my formal ADA accommodation request in 2003, so they put us in cells side by side, so that my friend and cellmate could still provide assistance in the form of writing. We were still in the lexan cells.

In the interim, we’d been pursuing our civil suit, which had been dismissed a few times for technical reasons; and beginning in late 2009, we began to add peaceful activism activities to our challenges against illegal policies and practices regarding conditions of confinement, leading up to our hunger strike moves in 2011, which brought some international attention to CDCr’s torture policies and practices toward those of us who’ve been confined in the SHU for decades. And we were increasing the pressure via the prisoner class collective efforts we began in 2010, seeking to force the end to long term SHU, and we issued our historic Agreement to End Race-Based Hostilities in August 2012.

On Sept. 6, 2012, IGI (Institutional Gang Investigators) had me moved away from the collective as well as my assistant, into a cell covered in lexan, isolated from all other Whites. The IGI’s excuse or pretext for this clearly punitive move in response to my litigation and activism efforts – our attorneys had filed the paperwork seeking to amend our lawsuit as a first step towards seeking class-action status on behalf of all similarly situated PBSP SHU prisoners around May of 2012, and it was getting a lot of publicity in July-August 2012 – was that the move was done for my safety, which was 100 percent bullshit. But it’s another tactic used to try to break prisoners – reporting rumors with the intent of creating mistrust, convincing prisoners they can trust no one and are in danger and need the prisoncrats to protect them.

'Out of Control- A Fifteen Year Battle Against Control Unit Prisons' by Nancy Kurshan, coverAdd to these isolative, punitive, retaliatory moves – isolation from one’s social group; separation from people you are working with collectively in order to more effectively challenge long term illegal policies and practices; placement into more isolative cells wherein one is subjected to increased sensory deprivation and extreme heat and cold temperatures; spreading rumors that the isolated prisoner has safety issues – many additional acts of psychological torment being perpetrated against us on a daily basis: for example, the systematic withholding and delaying of mail; loud noises blasted into the pods via the speaker system, and loud noises by staff as they walk the tiers at night to count; denying adequate medical care; telling prisoners that if they want to be able to get the care and treatment they need, they need to get out of SHU; telling prisoners, “You hold the keys to get out of SHU anytime you want to, and thereby get to general population where you can get better care and treatment,” and them knowing that our sole avenue for release from PBSP SHU is via death, insanity or agreeing to become an informant for the state via debriefing.

The above are all facts supported by solid evidence, and they constitute direct proof of CDCr’s policies and practices regarding decades of subjecting thousands to a form of torture for the purpose of coercion, as further demonstrated by the following excerpt from the 2013 book by Nancy Kurshan, “Out of Control: A 15 Year Battle Against Control Unit Prisons.”

On pages 12 and 13, she writes: “(R)esearch the prisoners had conducted … revealed a 1962 Bureau of Prisons (BOP) meeting in Washington, D.C., between prison officials and social scientists. Billed as a management development program for prison wardens, it coincidentally took place the same year the BOP opened Marion.

“Dr. Edgar Schein of MIT, a key player at that meeting, had written previously in a book entitled Coercive Persuasion about ‘brainwashing of Chinese Prisoners of War (POWs). …

“Schein put forward a set of ‘practical recommendations,’ throwing ethics and morals out the window.

“They included physical removal of prisoners to areas sufficiently isolated to effectively break or seriously weaken close emotional ties; segregation of all natural leaders; spying on prisoners, reporting back private material; exploitation of opportunists and informers; convincing prisoners they can trust no one; systematic withholding of mail; building a group conviction among prisoners that they have been abandoned by or are totally isolated from their social order; using techniques of character invalidation, i.e. humiliation, revilement and shouting to induce feelings of fear, guilt and suggestibility; coupled with sleeplessness, an exacting prison regimen and periodic interrogational interviews.”

These types of brainwashing strategies that involve physical as well as psychological abuse were being adopted from international arenas and applied inside U.S. prisons. Examples include the tactics used by the Brits to try and break the IRA prisoners and similar tactics refined by the West Germans to try and destroy the RAF (Red Army Faction), who were fighting the imperialism in their country, which is to a large extent due to the West German government policies per USA government dictates.

“Dare to Struggle” – Art: Carlos Ramirez, P-69993, PBSP SHU C9-106, P.O. Box 7500, Crescent City CA 95532

“Dare to Struggle” – Art: Carlos Ramirez, P-69993, PBSP SHU C9-106, P.O. Box 7500, Crescent City CA 95532

Now compare the above notes regarding the 1962 conference to Dr. Schein’s recommendations, with the examples of how they operate in the PBSP SHU, that I’ve also included above, and try to tell me such policies and practices aren’t intentionally imposed for the purpose of torturing prisoners into becoming state informants.

Remember, when the Legislature had hearings on said policies regarding long term SHU, they asked the CDCr prisoncrats for evidence to support their claims that said policies and practices were in fact making the prison system – and the public in general – safer and secure. And the prisoncrats couldn’t produce shit.

The bottom line is that CDCr’s long term SHU policies and practices are without any demonstrable positive purpose. They are intended to break prisoners down so they either go insane or agree to become informants for the state –  period – which is 100 percent illegal.

Additional evidence that is as seriously harmful and painful is contained in the book by Matthew Lieberman, “Social: Why Our Brains Are Wired to Connect,” wherein Dr. Lieberman conducted studies using MRIs that demonstrated that people experience social and psychological pain in the same way they experience physical pain. It’s probably even more painful in the psychological context.

Here’s an example: Think about the worst painful experience you’ve ever had. Most people will think about the loss of a loved one or the breakup of a relationship, rather than a broken bone or other physical pain experience. It’s important to also remember that in addition to the circumstances and conditions prisoners are subjected to in the SHU or AdSeg environment is the fact that you are deprived of all semblance of normal human contact.

You are basically on sub-human, animal status for the duration of confinement in such units. You are always in a cage and/or in restraints, under escort by at least two guards, being observed by guards in the control booths who are armed with high power assault rifles.

The bottom line is that CDCr’s long term SHU policies and practices are without any demonstrable positive purpose. They are intended to break prisoners down so they either go insane or agree to become informants for the state –  period – which is 100 percent illegal.

You are under constant surveillance via guards in the control booths and floor staff, who can and do listen to any and all conversations in the pods when men are talking over the tier and on the yards, via speakers on the yard walls. You have no physical contact with anyone other than while in restraints, via the guards escorting you with their hands on you, or at medical, where you are in restraints with guards hovering over you.

This cell, D1-119 in the Pelican Bay SHU, was Todd’s home for many years. He would transform his bed into a desk in the daytime.

This cell, D1-119 in the Pelican Bay SHU, was Todd’s home for many years. He would transform his bed into a desk in the daytime.

You have no physical contact with your loved ones. Those who are fortunate to get visits – a hardship for the majority of PBSP prisoners due to the remote location of the prison – visit behind glass, talking over a phone with a small video camera mounted on the wall. IGI staff are listening and observing you and your visitor the entire visit, and if either of you says or does anything the IGI observers don’t like, they can cancel your visit on the spot or, a few days or so later, they’ll issue you a write-up for alleged visiting violations and you end up on visit restriction for between 90 days to a year to permanently being banned from visiting with certain people.

Going back to Lieberman’s book, “Social,” it’s important to note that his studies included the subject of empathy, and he found that people really do “feel other people’s pain” when they observe people close to them being mistreated. The reason this is relevant is that not only are the prisoners being subjected to the above referenced coercive, torturous treatment FOR DECADES, but our loved ones and friends are subjected to the same psychological pain as we are. Supported by scientific studies conducted by Dr. Lieberman, and others, we find that the technique for conducting such studies has only become available over the past 10 years.

The point of the above summary is to educate the public and refute CDCr’s propagandistic claim, “We don’t operate solitary confinement units, nor do we torture any prisoners.” Facts prove otherwise.

What can people outside do about the above ongoing torture policies and practices by CDCr?

First, let me clarify a few things about where our cause presently stands from my perspective:

We successfully educated the public and exposed CDCr’s decades-old on-going subjection of thousands of prisoners to the torture of long term, indefinite SHU, via our peaceful activism efforts – the writing campaign (our formal complaint and other statements) and our three peaceful protest actions in the form of mass hunger strikes and work stoppages. By “we” I’m referring to those on the inside of these prison walls and our outside loved ones and supporters.

“Wake Up” – Art: Roger “Rab” Moore, G-02296, HDSP Z-168, P.O. Box 3030, Susanville CA 96127

“Wake Up” – Art: Roger “Rab” Moore, G-02296, HDSP Z-168, P.O. Box 3030, Susanville CA 96127

In my previous writings about our on-going struggle for real reform, the No. 1 priority being the end of long term solitary confinement, I’ve expressed the opinion that the prisoners remain responsible for leading this cause to victory via our actions inside these walls. And I’ve put myself out there with my peers pushing for additional peaceful actions on our part in here.

The response has been mixed, and it’s very difficult to get a collective consensus, as many of our outside people know. The administration has done all it can to prohibit us, the Short Corridor Collective, from being able to communicate. This began with IGI moving me from D1 block to D4 block on Sept. 6, 2012, and has continued with the recent move to D4-207, further isolating me from the prisoners who have influence in their respective groups, and the Step Down Program, with related transfers of many of the collective members to other prisons across the state.

Thus, I’ve had to reflect and re-evaluate our position. This is really not acceptable, and from my perspective is an excuse for non-action.Look, I’ve respectfully sent out several letters calling on the people to hold the lawmakers accountable.

It’s unbelievable to me to see the numbers of people out there who are aware of the continued torture we are subjected to, and yet they’ve failed to take any action to hold those responsible accountable.

The lawmakers must be held accountable

I’ve had to re-evaluate my prior perspective regarding prisoners continuing to lead this struggle in light of the above referenced factors. Subsequently, I snapped to the FACT that once we successfully exposed this torture program to the world, making the people aware, at least some of the responsibility shifts to the PEOPLE TO HOLD THE LAWMAKERS RESPONSIBLE.

And their failure to do so equates to THE PEOPLE enabling this to continue. The people have the power. The lawmakers hold their positions on behalf of their representative status – on behalf of the people.

It’s unbelievable to me to see the numbers of people out there who are aware of the continued torture we are subjected to, and yet they’ve failed to take any action to hold those responsible accountable.

With this in mind, here’s something people can do now towards holding the lawmakers responsible:

  1. Select a few of the lawmakers who we all know are in CDCr’s and CCPOA’s pockets for exposure as supporters and enablers of CDCr’s torture program, using social media to blast them worldwide. And you can also have people show up at their committee hearings to blast them as torture supporters. You’ll need to include references to public records supporting this position, such as the transcripts of the legislative hearings held regarding SHU, the September 2012 report by Amnesty International on PBSP SHU and the statements by Juan Mendez. The lawmakers you select for public exposure should be the five to 10 lawmakers who were the most vocal against Tom Ammiano’s bill
  2. Once these selected have come to be blasted in social media, you have a package together for presentation to the remaining lawmakers. The package needs to be a presentation supporting our position that this is a torture program, without cause or support for CDCr’s positions regarding making the system safer. Again, use the public records. And ask these lawmakers if they condone and support torture. Then, you present them with the things they can do to rein in CDCr’s abuse of power. This is a simple action. It’s something people can put in motion and have in motion while we plan our next moves.

Send our brother some love and light: Todd Ashker, C-58191, D4-207, P.O. Box 7500, Crescent City CA 95532.

The Call: Hunger strike to begin July 1

Published in the SF Bay View, June 3, 2011

Prisoners in the Security Housing Unit (SHU) at Pelican Bay State Prison are planning to begin an indefinite hunger strike as of July 1 to protest the cruel and inhumane conditions of their imprisonment. This hunger strike has the potential to become the most significant event in California prison reform in the last decade. Public support is crucial. A few months ago, Ohio prisoners won all their demands after a petition with 1,200 signatures was given to officials. Record your support by signing the Pelican Bay petition – and ask your friends to sign it too – at http://www.change.org/petitions/support-prisoners-on-hunger-strike-at-pelican-bay-state-prison.

by Mutope Duguma (s/n James Crawford)

 

This is a call for all prisoners in security housing units (SHUs), administrative segregation (ad-seg), and general populations (GP), as well as the free oppressed and non-oppressed people, to support the indefinite July 1 peaceful hunger strike in protest of the violation of our civil and human rights here at Pelican Bay State Prison Security Housing Unit (PBSP-SHU), short corridor D1 through D4 and its overflow, D5 through D10.

It should be clear to everyone that none of the hunger strike participants want to die, but we are taking this dire action due to our circumstances: The state of California has sentenced all of us on indeterminate SHU program to a “civil death” merely on the word of a prison informer – a snitch.

The purpose of the hunger strike is to combat both the psychological and physical torture in ad-seg and the SHU, as well as the justifications used to support treatment of the type that leads to prisoners being subjected to a civil death. Those subjected to indeterminate SHU programs are neglected and deprived of the basic human necessities while withering away in a very isolated and hostile environment.

Prison officials have utilized the assassination of prisoners’ character by each other as well as the general public in order to justify their inhumane treatment of prisoners. The guards’ “code of silence” allows them the freedom to use everything at their disposal in order to break those prisoners who prison officials and correctional officers (COs) believe cannot be broken.

It is this mentality that set in motion the establishing of the short corridor, D1 through D4 and its D5 though D10 overflow. This mentality has created the current atmosphere in which COs and prison officials have agreed upon their plan to break indeterminate SHU prisoners.

This protracted attack on SHU prisoners cuts across every aspect of the prison’s function: food, mail, visiting, medical, yard, hot/cold temperatures, privileges (canteen, packages, property etc.), isolation, cell searches, family and friends, and socio-culture, economic and political deprivation. This is nothing short of the psychological and physical torture of SHU and ad-seg prisoners. It takes place day in and day out, without a break or rest.

The prison’s gang intelligence unit was extremely angered at the fact that prisoners who had been held in SHU under inhuman conditions for anywhere from 10 to 40 years had not been broken. So the gang intelligence unit created the “short corridor” and intensified the pressure of their attacks on the prisoners housed there. The object was to use blanket pressure to encourage these particular isolated prisoners to debrief – i.e. snitch – in order to be released from SHU.

The COs and administrative officials are all in agreement and all do their part in depriving prisoners in the short corridor and its overflow of their basic civil and human rights. None of the deliberate attacks are a figment of anyone’s imagination. These continuous attacks are carried out against prisoners to a science by all of them. They are deliberate and conscious acts against essentially defenseless prisoners.

It is these ongoing attacks that have led the short corridor and overflow SHU prisoners to organize ourselves around an indefinite hunger strike in an effort to combat the dehumanizing treatment we prisoners of all races are subjected to on a daily basis.

Therefore, on July 1, 2011, we ask that all prisoners throughout the state of California who have been suffering injustices in general population, administrative segregation and solitary confinement to join in our peaceful strike to put a stop to the blatant violations of prisoners’ civil and human rights. As you know, prison gang investigators have used threats of validation and other means to get prisoners to engage in a protracted war against each other in order to serve their narrow interests. If you cannot participate in the hunger strike, then support it in principle by not eating for the first 24 hours of the strike.

I say that those of you who carry yourselves as principled human beings, no matter your housing status, must fight to right this and other egregious wrongs. Although it is “us” today – united New Afrikans, Whites, Northern and Southern Mexicans and others – it will be you all tomorrow. It is in your interests to peacefully support us in this protest today and to beware of agitators, provocateurs and obstructionists, because they are the ones who put 90 percent of us back here because they could not remain principled even within themselves.

The following demands are all similar to what is allowed in other supermax prisons (e.g. federal Florence, Colorado, Ohio and Indiana State Penitentiaries). The claim by CDCR and PBSP that implementing the practices of the federal prison system or that of other states would be a threat to safety and security are exaggerations.

This call is co-signed by D. Troxell, B-76578; T. Ashker, C-58191; S.N. Jamaa-Dewberry, C-35671; A. Castellanos, C-17275; and G. Franco, D-46556. They, along with the call’s author, Mutope Duguma (s/n James Crawford, C-35671), can be contacted by writing to them at PBSP-SHU, P.O. Box 7500, Crescent City CA 95532.

Hunger strikers’ five core demands

Prisoners in the Pelican Bay State Prison Security Housing Unit D-Facility Corridor will begin an indefinite hunger strike on July 1, 2011, in order to draw attention to and to peacefully protest 25 years of torture via the California Department of Corrections and Rehabilitation’s arbitrary, illegal and progressively more punitive policies and practices, as summarized in our “Formal Complaint,” which can be read at www.prisons.org/hungerstrike.htm. PBSP-SHU inmates’ hunger strike protest is to continue indefinitely until the following changes are made:

1. Individual Accountability: This is in response to PBSP’s application of “group punishment” as a means to address individual inmates’ rule violations. This includes the administration’s abusive, pretextual use of “safety and concern” to justify what are unnecessary punitive acts. This policy has been applied in the context of justifying indefinite SHU status and progressively restricting our programming and privileges.

2. Abolish the Debriefing Policy and Modify Active/Inactive Gang Status Criteria: The debriefing policy is illegal and redundant, as pointed out in the Formal Complaint on page 7, section IV-A. The active/inactive gang status criteria must be modified in order to comply with state law and applicable CDC rules and regulations – e.g., see Formal Complaint, page 7, section IV-B – as follows:

A) Cease the use of innocuous association to deny an active status.

B) Cease the use of informant and debriefer allegations of illegal gang activity to deny inactive status, unless such allegations are also supported by factual corroborating evidence, in which case CDCR and PBSP staff shall and must follow the regulations by issuing a rule violation report and affording the inmate his due process required by law.

3. Comply with U.S. Commission 2006 Recommendations Regarding an End to Long-Term Solitary Confinement: CDCR shall implement the findings and recommendations of the U.S. Commission on Safety and Abuse in America’s Prisons’ final 2006 report regarding CDCR SHU facilities as follows:

A) End Conditions of Isolation (page 14): Ensure that prisoners in SHU and ad-seg (administrative segregation) have regular meaningful contact and freedom from extreme physical deprivations that are known to cause lasting harm (pages 52-57).

B) Make Segregation a Last Resort (p. 14): Create a more productive form of confinement in the areas of allowing inmates in SHU and ad-seg the opportunity to engage in meaningful self-help treatment, work, education, religious and other productive activities relating to having a sense of being a part of the community.

C) End Long-Term Solitary Confinement: Release inmates to general prison population who have been warehoused indefinitely in SHU for the last 10 to 40 years (and counting).

D) Provide SHU Inmates Immediate Meaningful Access to:

i) adequate natural sunlight;

ii) quality health care and treatment, including the mandate of transferring all PBSP-SHU inmates with chronic health care problems to the New Folsom Medical SHU facility.

4. Provide Adequate Food: Cease the practice of denying adequate food, provide wholesome nutritional meals including special diet meals and allow inmates to purchase additional vitamin supplements.

A) PBSP staff must cease their use of food as a tool to punish SHU inmates.

B) Provide a sergeant/lieutenant to independently observe the serving of each meal, and ensure each tray has the complete issue of food on it.

C) Feed the inmates whose job it is to serve SHU meals with meals that are separate from the pans of food sent from kitchen for SHU meals.

5. Expand and Provide Constructive Programming and Privileges for Indefinite SHU Status Inmates. Examples include:

A) Expand visiting regarding amount of time and adding one day per week.

B) Allow one photo per year.

C) Allow a weekly phone call.

D) Allow two annual packages per year. Base a 30-pound package on “item” weight and not packaging and box weight.

E) Expand canteen and package items allowed. Allow us to have the items in their original packaging. The cost for cosmetics, stationary and envelopes should not count towards the max draw limit.

F) Allow more TV channels.

G) Allow TV-radio combinations or TV and a small battery operated radio.

H) Allow hobby craft items – art paper, colored pens, small pieces of colored pencils, watercolors, chalk etc.

I) Allow sweat suits and watch caps.

J) Allow wall calendars.

K) Install pull-up/dip bars on SHU yards.

L) Allow correspondence courses that require proctored exams.

For more information and ongoing updates about the hunger strike, check the California Prison Focus website,www.prisons.org/hungerstrike.htm. To reach two of the coordinators, email Ed Mead at mead@prisonart.org or Marilyn McMahon of California Prison Focus at marilyn@prisons.org.