Mental Health Consequences Following Release from Long-Term Solitary Confinement in California: Consultative Report Prepared for the Center for Constitutional Rights:
Human Rights in Trauma Mental Health Lab, Stanford University
Mental Health Consequences Following Release from Long-Term Solitary Confinement in California: Consultative Report Prepared for the Center for Constitutional Rights:
Human Rights in Trauma Mental Health Lab, Stanford University
Published in the SF Bayview, December 29, 2016
by Sitawa Nantambu Jamaa
It is very important that you all clearly understand the depth of human torture to which I was subjected for 30-plus years by CDCr and CCPOA.* The torture was directed at me and similarly situated women and men prisoners held in California’s solitary confinement locations throughout CDCr, with the approval and sanctioning of California governors, CDCr secretaries and directors, attorneys general, along with the California Legislature for the past 40 years.
They have allowed for their own citizens – prisoners – to suffer horrible crimes with their systematic process of physically and mentally killing prisoners for decades, with no regard for human life.
I was placed in solitary confinement – the SHU – on May 15, 1985, on trumped-up, illegal and fabricated state documents by two leading CDCr lieutenants, Criminal Activity Coordinator (CAC) Lt. L.O. Thomas and Lt. Suzan Hubbard of North Block Housing (NBH) at San Quentin State Prison. Yes, these two leading lieutenants removed me from San Quentin general population, not for alleged criminal acts or rule violations, but for the politics of the revolutionary New Afrikan political organization and the beliefs and cultural views of the New Afrikan revolutionary leftist organization titled the Black Guerrilla Family (BGF).
I was targeted by CDCr prison officials at San Quentin during 1983 on up until I was removed from the general population (GP) and housed in San Quentin’s Control Units within their solitary confinement housing building, North Housing Unit (NHU). The sole reason for my housing there was that I was educating all New Afrikan prisoners on San Quentin’s GP about our rich New Afrikan history behind California prison walls and across the United States.
I was teaching them that we as a people shall not be forced to deny ourselves the rights in the U.S. Constitution and the California Constitution. Yes, I personally believe that every New Afrikan woman and man has the right to protest any CDCr Jim Crow or Black Code-type rules or laws which violate our human rights as a person or prisoner.
And so I was educating my people to our civil rights and human rights in the California prison system during the 1980s while I was within the GP. I continued to educate my people, the New Afrikan nation, when I was placed in solitary confinement from 1983 to Oct. 11, 2015. It was a tragedy for three decades – yes, 30-plus years I was forced to suffer all forms of torture and witness killings of human life at the hands of CDCr officials and staff for decades, aided and abetted by governors, stakeholders, the Legislature, CDCr directors and secretaries etc.
The New Afrikan Prisoner Government (NAPG) has suffered and endured the violent attacks upon our prisoner community for decades on all levels and functions at the hands of CDCr employees. We have a U.S. constitutional right to resist any form of torture, repression and violations of both our human and civil rights.
I was placed in the SHU, not for alleged criminal acts or rule violations, but for the politics of the revolutionary New Afrikan political organization and the beliefs and cultural views of the New Afrikan revolutionary leftist organization titled the Black Guerrilla Family (BGF).
I shall not be found among the broken men and women! I shall live and die a warrior for our New Afrikan Nation and humanity!
After being transferred from CDCr’s solitary confinement at the Pelican Bay SHU to its Tehachipi SHU during the period of July 10-17, 2014, including a layover in the hellish Ad Seg (Administrative Segregation) unit at Deuel Vocational Institution (DVI), it would not take long before the CDCr officials at CCI (Tehachapi) would show their collective scheme to have me assassinated as the New Afrikan principal negotiator plaintiff in the Ashker v. Brown class action lawsuit.
During our peaceful protest by the solitary confinement prisoner class (SCPC) against Steps 3 and 4 of the CDCr-CCI Step Down Program (SDP), we collectively stopped participating in the dysfunctional SDP at CCI-Tehachapi Prison on May 11, 2015. This was because the SDP has been violating our SCPC liberty interest arising from the Due Process Clause itself, and CDCr had to stop its SDP from imposing stigmatizing classifications and concomitant behavior modification. I realize now that the SDP between 2012 and 2015 violated our constitutional rights, and it still does.
In an obviously sinister campaign to undermine the collective solidarity of our historic Agreement to End Hostilities, these officials tried to manipulate the other racial groups supporting the AEH to turn against me.
First, SHU Counselor Vanessa Ybarra went to one of our 16 Prisoner Human Rights Movement representatives, Gabriel Huerta, and tried to get him and other reps to turn against me, asking Huerta, “Why do you all let that Black inmate speak for you all during this boycott of the Step Down Program? My supervisors want to know.” Correctional Counselor II B. Snider, Capt. P. Matzen, Associate Warden J. Gutierrez, Chief Deputy Warden W. Sullivan, Chief Deputy Warden Grove and Warden Kim Holland are the supervisors she was referring to.
However, things did not go as planned because Brother Gabriel saw right through what this counselor and her supervisors were trying to do in creating a hostile, antagonistic atmosphere and consensus against me by my peers. First, Gabriel asked the counselor, “Who are you talking about?” Then the counselor replied, “Dewberry.” Dewberry is my given last name.
And Gabriel told that counselor, “Dewberry is one of the four principal negotiators who represent the Prisoner Human Rights Movement’s prisoner SHU class. And he is one of the main plaintiffs in the Ashker v. Brown class action lawsuit against CDCr, and he has been speaking on behalf of prisoners from 2010 to right now and he speaks for our best interests as our principal prisoner negotiator!” The counselor turned around and walked out of the sallyport area.
In an obviously sinister campaign to undermine the collective solidarity of our historic Agreement to End Hostilities, these officials tried to manipulate the other racial groups supporting the AEH to turn against me.
Next, the second attempt was by another SHU counselor from 4B building named Vaca, who approached the PHRM representative and other prisoners, then said, “You prisoners should go back to participating in the Step Down Program or all of you who are boycotting the SDP will not be released to the general population this year (2015) or next year (2016), all because you are listening to that Black prisoner.”
When Gabriel Huerta asked Vaca, “What Black prisoner are you referring to?” the counselor responded, “I’m talking about Dewberry. By the way, Huerta, since when do you Mexicans follow what this Black prisoner says?” The Rep refused to play into that old CDCr manipulation game and terminated the conversation by telling the counselor, “You can take me back to my cell,” and left.
So neither of the attempts worked, because Brother Gabriel recognized what time it was. He summed it up in these words: “CDCr had been manipulating and playing us against each other in the past. They can’t do that any longer.”
This life-threatening CDCr campaign leading up to my release out of SHU in October 2015 would be followed by the unprofessional, illegal attitudes and actions by CDCr employees awaiting me as I entered the general population. It was necessary to understand their motives in their dealings with and around me.
Upon my preparing to allegedly be released to general population, I was notified on Aug. 11, 2015, that I would be attending my first Institutional Classification Committee (ICC) hearing in over 30 years which had any meaning. Let’s put this “ICC” into perspective as to why these ICC hearings now have merit for the solitary confinement prisoner class (SCPC).
We the SCPC had to take our struggle to the streets of this world by participating in three non-violent peaceful protests. In the first, commencing July 1, 2011, a total of 6,600 woman and men participated. And when CDCr failed to honor the agreements made to end it, we the SCPC were compelled to enter our second non-violent peaceful protest on Sept. 26, 2011, in which a total of 12,600 men and women participated across this state.
CDCr begged for us to discontinue our protest and allow for them to make the necessary interdepartmental major changes which would release the longest held SCPC first. The four principal negotiators – Brutha Sitawa, Arturo Castellanos, Todd Ashker and George Franco – along with our 16 Prisoner Human Rights Movement (PHRM) representatives decided to suspend our protest in mid-October 2011 and allow for CDCr to show their good faith efforts to reform their illegal solitary confinement policies, laws and rules and place all 10,000 SCPC women and men onto a fully functional general population by Feb. 1, 2013.
We vowed to resume our protest to death or until CDCr negotiates with us in a real way. Yes, on Feb. 1, 2013, the four principal negotiators announced to our tormentors – CDCr, the governor, the Legislature, the attorney general and stakeholders – that we would resume our protest on July 8, 2013, being that CDCr wants to wage their war of attrition against me and similarly situated SCPC.
We the SCPC had to take our struggle to the streets of this world by participating in three non-violent peaceful protests.
On July 8, 2013, we entered into the largest hunger strike in prison history. Some 30,000 prisoners participated and our just cause forced Gov. Brown, California Attorney General Kamala Harris, all CDCr secretaries between 2010 and 2016 and their stakeholders, who all had the current data, to recognize the torturous conditions we SCPC had to endure for decades. I was one of thousands held at Pelican Bay, and I don’t want another woman, man or child to be forced to suffer what I went through. We SCPC observed and suffered the cruel and devastating harm caused by CDCr.
On Aug. 11, 2015, I was approached by Building 8 Correctional Counselor I Vaca at approximately 8:25 a.m. at my cell door for the sole purpose of preparing my central files for possible release to a general population. Vaca informed me that I am the first solitary confinement prisoner class member whose case files he is currently reviewing and that I am scheduled to appear before a full ICC on Aug. 19, 2015.
Now, within a two-hour time period, this same counselor, Vaca, appeared at my cell door with a sinister smirk on his face suggesting that I could now appear before this ICC hearing “tomorrow,” Aug. 12, 2015.
Counselor Vaca was too enthusiastic for me to attend the earlier hearing, so I told Vaca, “I’ll stick to the original schedule date of Aug. 19, 2015,” instead of his suggested new schedule. This counselor was upset at me for sticking with the original ICC hearing date, which was very strange to me and it warranted me to reflect upon his previous misconduct of trying to manipulate and influence other California racial groups – Southern Mexican, White and Northern Mexican – to breach our Agreement to End Hostilities (AEH).
I was one of thousands held at Pelican Bay, and I don’t want another woman, man or child to be forced to suffer what I went through. We SCPC observed and suffered the cruel and devastating harm caused by CDCr.
Vaca had personally tried to have a leading prisoner of each racial group to silence – assassinate – my voice of prisoner activism directed at CDCr and CCI (Tehachapi) officials. These veteran prisoners did not fall for Vaca’s tactics of divide and conquer; they stayed true to our Agreement to End Hostilities.
Now, on Aug. 12, 2015, Hugo Pinell was set up by CDCr officials at New Folsom Prison and killed [by white prisoners]. CDCr delayed my scheduled hearing for over a month and during said time period, three special agents came to interview me about the murder of Mr. Pinell. These three special agents pulled me out of my Tehachapi Prison cage for an interview on Aug. 14, 2016, two days after the murder of Mr. Pinell.
These agents were dispatched by CDCr Secretary Jeffrey Beard and then Undersecretary Scott Kernan [now Secretary Kernan] to come and interview me and two other New Afrikan prisoners and others. The concern that was expressed to me was, how do I feel about the death of Mr. Pinell and would there be an all-out war between the two racial groups?
These are my thoughts in relation to Mr. Pinell’s assassination and my release to a general population: I had expressed to these three special agents, first and foremost, “Why did you all travel from another part of California to speak with me about a death that I have no facts on other than listening to the radio?” I told said agents, “I shall be engaging myself in pushing the Agreement to End Hostilities (AEH). Mr. Pinell would not want for us to enter into a war conflict, especially after we signed the AEH back on Aug. 12, 2012.
[Photo in original article: Over the three years of hunger strikes, as the prisoners were making the ultimate sacrifice, risking their lives for freedom from the tortures of indefinite solitary confinement, supporters outside held an astounding variety of demonstrations to win the world’s support. One of the most successful and dramatic was Occupy 4 Prisoners that brought hundreds to the San Quentin gate on Feb. 2, 2012. CHP tried to prevent anyone from attending by prohibiting parking within a mile and harassing the demonstrators marching to the rally. Marie Levin, as usual, was a major speaker; her husband Randy is at her side. – Photo: Bill Hackwell]
“And we, the PHRM, must see that our historical document, the Agreement to End Hostilities, remains firm to our cause and objectives, which are to radically change CDCr’s behavior directed at the Solitary Confinement Prisoner Class, and those of us who have been released to the general population are responsible for enforcing our AEH here behind the walls of California prisons and jails and to curb all community violence across this state outside of prison.
“You agents wasted a trip to come and speak with me. So, when you go back to report on my pro-AEH comments concerning Mr. Pinell’s murder, let your superiors – that is, Gov. Brown, CDCr Secretary Beard, Undersecretary Kernan and the chief of the Office of Correctional Safety (OCS) – know I shall request that you, CDCr, allow for us to be released to the general population forthwith. For we have been held illegally for the past one to 40 years.”
These three special agents never did answer my question as to why did they travel from the state capital to the mountain of Tehachapi Prison to speak with me prior to my being released to the general population. It became a concern to me, because I know that CDCr did not condone our AEH historical collective solidarity document and its objectives. This raised some serious questions in my mind as to why these government officials would direct these agents to interview me. A question they refused to answer.
As you all can imagine, I was suspicious at best about whether I could expect any good faith from CDCr supervisors, officials or staffers upon my release from Tehachapi Prison solitary confinement housing, heading toward Salinas Valley State Prison (SVSP).
On Oct. 13, 2015, I arrived at SVSP receiving and release (R&R), and upon my exiting the CDCr transportation bus and entering the R&R, I was met by three Institution Gang Investigators (IGI), the welcoming crew awaiting me. I was then escorted into a property storage room where it was only the four of us.
Now, these three IGI officers wanted to know my state of mind as it related to the assassination of Mr. Hugo “Yogi” Pinell. I simply informed them that I will be pushing the AEH when I’m allowed to be released to the yard with all racial groups and especially with all of my New Afrikan Prisoner Government (NAPG) and explain to all people the importance of the AEH and that I personally signed off on that historical document. Yes, the IGI made their usual threats.
Now, within the next 10 days, I was allowed to attend the exercising yard, where all of the Afrikan tribes embraced me as their own Big Brutha! As in all situations, I went into my political prisoner activism mode in changing this modified general population prison into an actual functional general population.
There is minimal change. The CCPOA (prison guards) have been doing everything in their power to stop, delay or hinder and obstruct prisoners from being afforded work assignments and real educational opportunity. We are denied full exercising yard hours, vocational trades, the same dayroom time as other 180-design prisoners.
Correctional officers and sergeants continue verbal harassment with their Green Wall attitudes. It is clear that the above-mentioned CDCr employees have an ingrained dislike for all prisoners who are being released from California solitary confinement (SHU) chambers to CDCr modified general populations.
There is minimal change. The CCPOA (prison guards) have been doing everything in their power to stop, delay or hinder and obstruct prisoners from being afforded work assignments and real educational opportunity.
Now, just consider having to be faced with the above matters being denied to me and similarly situated prisoners, while preparing to have my first contact visit with my family in 30 years. Yes, I was compelled to close the lid on the jar and withhold all of this corruption and wrongdoing from my family.
Upon my first visit to see my Queen, my sister, Marie A. Levin, and her husband, Randy Levin, my sister Marie left home in such a rush to come see me that she left her California ID at home, and I was unable to see her that Saturday, but I did have the opportunity to have a conversation with my brother-in-law. It was a great time for the two of us. Now, the following day, Sunday, I was able to see Marie and Randy together, without that thick shield of plexiglas between us.
Now, for the first time in my imprisonment, I was somewhat shaken to the inner core of this New Afrikan revolutionary nationalist man by a simple hug from my younger sister, Queen Marie, during our October 2015 visit. A hug should be a natural form of affection between a brother and sister. However, while my sister was squeezing me so tightly, all I could think about during those moments was of the family members who died, and I will never be able to hug or speak with them again.
1) Stella, my cousin, who died in 1989;
2) Leon, my big brother, who died in 1991;
3) Steven, my nephew, 1994;
4) Morris, my uncle, 1994;
5) Tanner Birk, my uncle, 1995;
6) Tutter, my aunt, 1995;
7) Lonnie, my uncle, 1995;
8) Hillard Jr., my uncle, 1997;
9) Ardis, my cousin, 1997;
10) Ardis Sr., my uncle, 2002;
11) Bobbie Dean, my cousin, 2004;
12) Clifton, my uncle, 2009;
13) James “Ba-ba,” my cousin, 2009;
14) Carol, my big sister, 2010;
15) Nathan, my cousin, 2010; and
16) Queen Mama, lost April 28, 2014.
Each one of them was denied the right and opportunity to physically touch me for over 30 years illegally, due to my political and cultural beliefs – three decades for a “thought crime,” which did not exist. Yet, my family members who have died never having had the opportunity to sit and touch me for decades, because CDC and CDCr chose to make attempts at destroying me physically and psychologically for no other purpose than to break my mind and spirit and those of similarly situated prisoners held within CDCr’s solitary confinement – Ad Seg, SHU etc.!
This is just a window into what we prisoners had to suffer for decades by order of our tormentors – CDCr – and it continues to this day within the realm of CDCr modified general population. Our struggle for justice, equality and human rights continues.
We need the support of all people in California and the world to stop the injustice we suffer at the hands of CDCr officials and especially by the CCPOA and their ilk.
I would be extremely irresponsible if I didn’t seek the support of my New Afrikan people – for example, Marie “FREE” Wright, Erykah Badu, Jada Pinkett Smith, Will Smith, Kerry Washington, Taraji P. Hansen, John Legend, Beyonce Knowles Carter, Dominique DiPrima, Shauntae “DaBrat” Harris, Azadeh Zohrabi, Common, Gabrielle Union, Chrissy Teigen, Alicia Keyes, Lupita Nyong’o, Sanaa Hamri, Kellita Smith, Snoop Dogg, Serena Williams, Jamie Foxx, Janelle Nonee’, Sanaa Lathan, Dana “Queen Latifa” Owens, Keisha Cole, Danny Glover, Yolanda “YoYo” Whitaker, Maya Harrison, Whoopi Goldberg, Harry Belafonte, Tatyana Ali, Tyress Gibson, Tracee Ellis Ross, Oprah Winfrey, Angela Bassett, Bryan “Baby” Williams, Shaun “Jay Z” Carter, and all sista and brutha entertainers across Oakland, the Bay Area and the country.
Yes, our New Afrikan Lives Matter here behind the enemy lines of California’s unjust prison system. On behalf of our New Afrikan prisoner community, I pray that you will show your support for our freedom campaigns and whatever you all can donate shall be greatly appreciated. Please send your donations to FREEDOM OUTREACH, P.O. Box 7359, Oakland, CA 94601-3023 or contact Maria Levin at firstname.lastname@example.org.
Send our brother some love and light: Sitawa Nantambu Jamaa, s/n R.N. Dewberry, C-35671, Salinas Valley State Prison C1-118, P.O. Box 1050, Soledad, CA 93960-1050, www.Sitawa.org.
*CDCr stands for the California Department of Corrections and rehabilitation – the last word uncapitalized by many prisoners to signify how little rehab exists. CCPOA – California Correctional Peace Officers Association – is the guards’ union, which exerts great influence within CDCr and on state policy and legislation.
To: OUTSIDE HUMANITY: This is part 2 of my Shared Journey inside the Tombs of California’s Solitary Confinement Torture Chambers, inspired by those of you Outside Representatives of Humynity who cared enough to take time out of your personal lives (even step out of your privileged comfort zones) and See Us (SHU Men) as Human Beings. I/WE THANK YOU ALL (special Shout Out to Sista Sharon, Cile & HRPP Reps).
Part II: I WENT INSIDE MY HEART TO SURVIVE THE TORTURE
By Baridi “X” Williamson
JW © June 6, 2016
When i entered this California branch of the New Jim Crow system of mass incarceration thirty-two years ago, there was nothing in my mind that could have prepared me for the torturous ordeal that awaited my arrival to this prison station along my Life’s journey – especially the last twenty-plus years of being buried alive in the State Government’s Solitary Confinement Torture Prison Tombs called various names — “AD-SEG” (Administrative Segregation), “SHU” (Security Housing Unit), etc.
Yet, it was the clear insight that was shared by a Freedom Fighter named George Jackson, who tells us in this internationally-acclaimed publications that “It takes some serious psychological adjustments to deal with prison life … ” (Soledad Brother). So you can imagine what that meant when having to come face-to-face and either deal with, or run (debrief/snitch/lie on others) inside Solitary Confinement for years/decades under California’s “Snitch, Parole, or Die” Mass Validation/Indeterminate SHU Classification/Indetermined SHU Classification/Debriefing (coerced enhanced interrogation) scheme (1980s to recent).
And there i was staring this inhumane, cruel and torturous creature in its face, as i entered that strange man-made diabolical construct called “Pelican Bay SHU” in the early 1990s. And just as George said, “Nothing can prepare you for this.” In January, 1995 U.S. federal court Judge Thelton Henderson described the conditions behind the Pelican Bay SHU walls/gates:
The Prison setting at Pelican Bay SHU offers a tremendous potential for abuse by guards who have powerful weapons and enormous manpower at their disposal and exercise nearly total control over the inmates under their supervision. Adding to this volatile mix is the fact that the prison setting of the SHU is far removed from the usual sights and sounds of everyday life. From the outside, the SHU resembles a massive bunker; from the inside, it is a windowless labyrinth of cells and walls, sealed off from the outside world by walls, gates, and guards. The physical environment thus reinforces a sense of isolation and detachment from the outside world and helps create “palpable distance from ordinary compunctions, inhibitions, and community norms.”
(Madrid v. Gomez, 889 Fed. Supp. 1146)
Sadly, it took decades for the outside world at large to learn the shocking truths about the inhumane, degrading, brutal and fatal horrors that were being secretly visited upon those of us inside the SHUs (which included SHUs at Corcoran, New Folsom, and Tehachapi). And that was only after the historic California Hunger Strikes (2011-2013) that we were able to finally break through CDCr’s secret redwood (Del Norte County/Crescent City) curtain wall of lies to hide their torture. But by then, the damage of Post Traumatic Stress Disorder — Solitary Confinement had already been done. This is why it is taking some of us so long to try to share with you — the Outside World Humanity — what we just experienced. It is the trauma that we must face, to grasp an understanding of, and expose to you.
During and following those peaceful Hunger Strikes, one of the interesting questions that those of you representing Outside Humanity that either took the (much-welcomed/-appreciated) time to write and/or come in and visit — (Shout Out to Everyone in the Prisoner Hunger Strike Solidarity Coalition (PHSS) — would ask me/Us was questions like:
How Do you Cope/Deal With Being In There All This Time”?
I will not try to speak for others, because we each had to find our own personal ways to “cope/deal” and (most of all) “SURVIVE” the traumatic torment we were subjected to in there. But i want to share that i am finally able to take a deep breath and learn about my personal struggles inside there.
During the first five to ten years in PBSP-SHU, i watched the guys around me outwardly showing their struggles as they slipped deeper into the abyss and ultimately lost their Sanity. This was especially blatant for those whom the prison staff deliberately separated from the rest of us (within the other SHU units) and moved them to a separate torture place called “VCU.” Many of them were driven insane within months (possibly due in large part to their already unstable mental state?)
I recall how these guys would be taken from VCU and brought into the other SHU units where i/WE were located and you could see that they were all the way gone. A guy would spread feces all over the cell and his body and be inside his assigned cage like that with no care. And in the case of the young mentally-ill Black man named Vaughn Dortch, the staff (both medical and guards) forced Mr. Dortch into a tub of scalding hot water and held him down while they scrubbed his skin with a steel brush and his skin peeled away and hung loosely at the bottom of his legs [see here for a 1996 SF Gate article, and Madrid v. Gomez, or google “Vaughn Dortch.”]
Another prisoner had climbed atop the highest rail bars on the Second Tier and jumped off head first. Some guys banged their cups and spoon on the bars and screamed and yelled all night. And these are just some examples of the blatant symptoms of SHU prisoners losing their sanity. Then there are those who, like myself, were able to internally find the wherewithal to battle/resist (often with outside Humanity’s supportive help) and cope/survive.
For me, i survived by trying to identify which ways our CDCr SHU tormentors were using to penetrate our inner-being and manipulate/play on our vulnerabilities and weaknesses as Human Beings to try and Break our Minds and Spirits — such as playing games, denying all natural Human and social contact with anyone, including our Families, depriving us of the normal use of our natural senses to see the grass, trees, sun (feel its rays/warmth), to smell/taste nutritional, wholesome food, to hear natural sounds like birds singing, human laughter, etc. We were physically entombed in a 3-walled concrete, windowless Box with little holes at the front formed around a locked, rectangular slot that they shoved the food tray through. All we could see was a larger wall directly in front of the cage. I sensed the need to have some kind of defense around me inside. But how?
Once i saw that the entire Solitary Confinement ‘creature’ was set up to attack my overall Being (inside and out), i started trying to find effective ways to cope. So for years i relied heavily on mainly exercising my body and mind, reading, studying and writing. And whenever I felt the stress and strain of the ‘creature’ tugging at my inner-Being, trying to pull my Sanity over the edge into the abyss, i would quickly get to exercising. That worked for awhile, but then came the mundane, everyday monotony of waking up and having to face and deal with the same ole tired, boring regimen, day-in and day out. It would be at this stage of my internal struggles that i feel this ‘creature’ tugging at me. So i learned to go inside myself, find memories of my Family and hug/hold onto them for dear life. I would place us in a sacred place deep inside the Heart and there we would remain throughout the duration of my traumatic ordeal. I would somehow fix my Mind to shut down, block out, and close off any noticeable access by our Tormentors to get into that safe sanctuary of my Heart and Soul.
I erected some unnormal psychological walls to guard my-Self/Sanity that i have no idea what i created to SURVIVE!
To be continued . .. Next “Exiting the Madness Thru Humynity”
Baridi Williamson, D34288; SVSP C1/118; PO Box 1050, Soledad, CA 93960
Summary of Ashker v. Governor of California
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.
Sitawa Nantambu Jamaa
April 15, 2015
Our non-Violence Peaceful Protest continues via our Prisoner Human Rights Movement (PHRM), Local Council. For each prison / institution, and here at California Correctional Institution, Tehachapi prison, we, the Local Council, are:
Brutha Sitawa; Danny Troxell, B76578; Gabriel Huerta, C80766; and Javier Martinez, T62995, who shall represent the PHRM.
On the state level the PHRM Four (4) Principal Negotiators are: George Franco, Arturo Castellanos, Todd Ashker and Sitawa Nantambu Jamaa (Dewberry).
The statewide Representatives of our PHRM and Agreement to End Hostilities (AEH) are D. Troxell, L. Powell, A. Guillen, G. Herta, P. Redd, R. Yandell, J.M. Perez, J. Baridi Williamson, S. Sandoval, P. Fortman, Y. Iyapo-I (Alexander), A. Yrigollen, F. Bermudez, F. Clement, and R. Chavo Perez.
All of the above named Prisoner Activists are recognized by CDCr leading officials there in Sacramento head office. We shall not allow for CDCr leading officials to condone and sanction CCI, (specifically), Pelican Bay, CSP-Corcoran and CSP-Sacramento continue to violate our Human Rights, Civil Rights, U.S. Constitutional Rights, California Constitutional Rights, CCR-Title 15 Rights and those statewide sanctioned standardization policies for all SHU, SDP and Ad Seg Prisoners.
We know that CCI officials have been consistently violating our 1st and 8th and 14th Amendment Rights of the U.S. Constitution.
We, the PHRM, stand in Solidarity with all CDCr Women SHU and Ad Seg and GP prisoners. California Women Prisoners Lives Matter !!
CDCr and CCI both realize that on Sept. 4, 2013, myself, along with the above named Prisoner Activists, entered into an agreement to the PHRM to suspend our July 8, 2013 Historic Third Hunger Strike, so that Director M. Stainer can carry out and complete the mandates of Undersecretary Scott Kernan’s policies and directives to all CDCr Wardens, and afford all SHU and Ad Seg people their new CDCr rights as prisoners.
On Sept. 5, 2013, our Third Historic Hunger Strike of 30,000 state prisoners, we, Principal Negotiators entered into another CDCr Agreement with M. Stainer, Director of DAI, along with his two (2) leading, acting Special Directors, G. Guirbino and S. Hubbard, who are the architecture of the STG/SDP. We Principal Negotiators went through a two (2) month (Sept., Oct. 2013) process of dialogues and negotiations over the Five (5) Core Demands and the Forty (40) Supplemental Demands, which are now a part of the SHU/SDP Standardization Current Policies.
Now, the realization of the PHRM-Local Council that we are a recognized Political Prisoners Movement, by the California State Legislature, CDCr’s past and present Secretaries, UnderSecretaries, and Directors of DAI, etc., operating inside and outside of California Prison System since January 1, 2011. No Warden in CDCr can state that they are not aware of the PHRM, especially the five SHUs, etc. within California Prison System and the laws and policies and Standardization of Rules, which are a result of the struggles that the Prisoner Activists have been directly involved with the PHRM, which drastically transformed California Prison system (i.e., CDCr).
The PHRM-LC is struggling for their Rights, Civil Rights, State Constitutional Rights, U.S. Constitutional Rights and those CDCr, CCR-Title 15 Procedural Due Process Rights, which have been denied to our Prisoner Class here at CCI/ Tehachapi prison.
“California Correctional Institution, CCI have denied all SHU and SDP prisoners their Rights, knowingly with malice aforethought, to cause permanent psychological damage while utilizing sensory deprivation and mandatory behavior modification (i.e., SDP).” S.N.J. © January 20, 2015
The above description of our suffering has been sanctioned by CDCr’s leading officials who actually knew or should have known about CCI’s blatant disregard of laws and policies and prisoners rights not to be tortured on any aspect of prisoners humanity.
This is our tentative list of CCI officials who have been violating our rights daily and implementing these rule violations: Kim Holland, Warden; W. Sullivan, Chief Deputy Warden; J. Gutierrez, Chief Deputy Warden; P. Matzen, Associate Warden; Mayo, Capt.; Y. Ybarra, CC-I; M. Esqueda, CCI; M. Montano, IGI Sgt.; Mike Tann, SDP Facilitator, CC-III; Cole, Sgt.; Cantu, Sgt.; J. Tyree, IGI Lt.; Nathaniel, Laundry Supervisor; W. Whitson, Sgt.; B. Snider, CC-II; Campbell, Lt.; and the various co-conspirators, i.e., Sgt’s, Lt’s, CC-II’s, CC-Is, etc., who are retaliating, discriminating and directing cultural and racial prejudice at SFP Step 3 and 4 prisoners specifically, and against SHU prisoners as well.
Those above named CDCr employees are directly responsible or was directly aware of our suffering and did nothing to stop it. Yes, that constitutes co-conspiracy, according to California Penal Code titled Conspiracy, and these CCI officials cannot claim they were not aware of these blatant disregards of our Prisoner Rights.
These Prisoner Rights have been sanctioned by the three (3) highest ranking CDCr officials within the State of California during their tenure, between July 2011 to the present day of May 2015, as the Secretary of CDCr, Undersecretary of CDCr and Director for Division of Adult Institutions for CDCr.
PHRM-LC realized that CCI named officials feel that they are above the laws of this State and have continuously undermined their superior authorities from CDCr head office. CCI have been operating their rogue IGI with the sanctioning of the Warden, Chief Deputy Warden, and Associate Warden of this institution.
CCI Step Down Program is Bogus
May 7, 2015 [received June 18th]
by Sitawa Nantambu Jamaa
I have taken the position to shut down this fake SDP crap. So, all of Step 4, who have the most to lose, meaning, some of them are a couple of weeks away from completing their Step 4, and for some they are one, two, three, four months away from being on a mainline and for some of them it’s been 13, 15, 20, 25, 30, 35, and 39 years since they last been in general population, and for Step 3 it ranges from 4 to 31 years.
We all agree that these latest types of 115s/RVR’s is just another way to keep us held in SHU or a means of bringing us back, once we make it out to the GP mainline and we’d rather take our stance now!! So, you can start spreading this good news to Corcoran, New Folsom and Pelican Bay by radio, news articles and when family members travel to PBSP and the other two SHUs.
We shall stop participating Monday, May 11, 2015, indefinitely. We won’t be attending any CC hearings, directly dealing with Steps 3 and 4, nor shall we go to those group meetings, or do any more of those journals. Now, there are two groups for each Step 3 and 4, and that’s a total of 40 prisoners who would have been attending those group meetings weekly. This SDP cannot function without prisoners participating.
I need for you to share that Steps 3 and 4 prisoners will not continue to participate in the SDP that is corrupt and discriminatory against all SDP prisoners, and has been trying to provoke all of us to rebel, get angry and act out.
Our problems come from the Warden, Kim Holland; Chief Deputy Warden, J. Gutierrez; Chief Deputy Warden W. Sullivan; Capt. P. Metzers; IGI Lt. J. Tyree; R. Diaz; Deputy Director of Division of Adult Institutions, Sacramento office, M. Tann; former SDP Facilitator, B. Snider; CC-II at CCI, Ybarra; and all of these Tehachapi officials and the one Sacramento official who have knowledge that we as SHU/SDP prisoners have been denied our fundamental SHU rights; and as of two weeks ago we are being denied the use of a razor, or should I say, we have a choice to take a five (5) minute shower or take a (5) minute shave, but not both.
Now, 90% of all SDP privileges have been denied us from Jan. 2014 to May 2015. This is a failed program and all of the Heads of CDCr know what is going on here at Tehachapi, CCI.