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.

Advertisements

Minutes of Mediation Team Meeting with CDCR (Feb. 20, 2015)

At the request of Sitawa, these Minutes are posted here. These are from February 20th, 2015.

Minutes of the Mediation Team meeting with CDCR, Feb 20, 2015, page 1

Minutes of the Mediation Team meeting with CDCR, Feb 20, 2015, page 1

Minutes of the Mediation Team meeting with CDCR, Feb 20, 2015

Minutes of the Mediation Team meeting with CDCR, Feb 20, 2015, page 2

Mediation Team Meeting CDCR Feb 2015-3

Minutes of the Mediation Team meeting with CDCR, Feb 20, 2015, page 3

Contact:

Sitawa Nantambu Jamaa, s/n R.N. Dewberry, C-35671
CCI SHU 4B-7C-209
P.O. Box 1906,
Tehachapi CA 93581
U.S.A.

or via prisonerhumanrightsmovement [at] gmail.com [will be forwarded to Sitawa via snail mail since he has not computer, cellphone or internet connection]

Prisoner Human Rights Movement: Agreement to End Hostilities has changed the face of race relations without any help from CDCr

by Sitawa Nantambu Jamaa

In: SF Bay View, Jan. 28. 2015

It is incumbent upon all men prisoners across the state of California and globally to embrace the struggle of women prisoners as a whole. We, the four principle negotiators of our Prisoner Human Rights Movement – George Franco, Arturo Castellanos, Todd Ashker and Sitawa Nantambu Jamaa (Dewberry) – recognize the women prisoner struggles and the PHRM supports them. These other prisoner activists do as well: D. Troxell, L. Powell, A. Guillen, G. Huerta, P. Redd, R. Yandell, J.M. Perez, J. Baridi Williamson, A. Sandoval, P. Fortman, Y. Iyapo-I (Alexander), A. Yrigollen, F. Bermudez, F. Clement and R. Chavo Perez.

“The Agreement to End Hostilities” – Art: Michael D. Russell, C-90473, PBSP SHU D7-217, P.O. Box 7500, Crescent City CA 95532

“The Agreement to End Hostilities” – Art: Michael D. Russell, C-90473, PBSP SHU D7-217, P.O. Box 7500, Crescent City CA 95532

These representatives, whom CDCr leading officials recognize as prisoner activists, are changing the face of race relationships within CDCr first, without any assistance from CDCr. Isn’t that amazing! The above named prisoner activists, along with the thousands of other prisoner activists throughout the California prison system, have changed the way prisoners should be treated as human beings.

I encourage all men and women prisoners to continue to press onward with our Agreement to End Hostilities (AEH) through all corridors of state and county facilities.

Prisoners’ era of retrospective study and constructive struggle

We are beacons of collective building while clearly understanding that we the beacons must take a protracted internal and external retrospective of our present day prisons’ concrete conditions to forge our PHRM onward into the next stage of development, thereby exposing CDCr’s racial discrimination and racist animus tactics against our prisoner class. This is why our lives must be embedded in determined human rights laws, based on our constructive development of our scientific methods and laws. Therefore, through our concrete conditions in each prison, our struggle shall be constructed through our Prisoner Human Rights Movement representatives and negotiators.

The PHRM has realized that CDCr has been setting up prisoners and creating racial tension among all racial groups, from various geographical locations up and down the state of California. It has become abundantly clear to the PHRM that Gov. Jerry Brown is an outspoken racist and overseer who has clearly shown that his discriminatory practices are directed at minorities and people of color: New Afrikan (Afrikan Amerikan), Mexicans (Latinos) and White working poor, who have all been suffering blatant discrimination in county jails and state prisons.

Gov. Brown went out and hired the most blatant racist prison superintendent in the U.S. as his secretary of corrections. Yes, CDCr Secretary Jeffrey Beard is continuing to torture, isolate, maim, racially assault, and racially, religiously and culturally discriminate against prisoners.

Gov. Brown and Secretary Beard are continuing their practices of long term solitary confinement. Now, it is a known fact that Gov. Brown and his personally appointed CDCr Secretary J. Beard do not want to STOP racial tension within the CDCr or the state of California as a whole, because if they did, the historical document, the Agreement to End Hostilities, would have been distributed by the CDCr to all women and men state prisoners, county jail prisoners, youth authority prisoners, juveniles, probationers and parolees throughout this state.

The Youth Justice League brought the Agreement to End Hostilities to the hood on the day it took effect, Oct. 10, 2012, at a rally in front of the LA County Jail. – Photo: Virginia Gutierrez

The Youth Justice League brought the Agreement to End Hostilities to the hood on the day it took effect, Oct. 10, 2012, at a rally in front of the LA County Jail. – Photo: Virginia Gutierrez

Since Oct. 10, 2012, when the Agreement to End Hostilities took effect, to the present day, California women and men prisoners’ racial and cultural hostilities have decreased, without any assistance from Gov. Brown or his subordinate, Secretary of CDCr Jeffrey Beard. It is important that all citizens here in California and throughout the United States realize that Gov. Brown and Secretary Beard do not care about reducing the violence among prisoners, nor do they care about the safety and security of Californians who are not incarcerated.

Our civil rights are violated daily. We citizens realize that the safety and security of California prisoners and our neighborhoods throughout California will only come from the people, not from corrupt law enforcement agencies! Because we know that the majority of California law enforcement policies have been brutal to our inner city citizens – killing and maiming our family members – and that the brutality has been sanctioned by Gov. Brown and carried out by CDCr Secretary Beard et al behind California prison walls against all prisoners and especially Level 3 and 4 prisoners.

CEASE the human torture! CEASE the racial profiling, Gov. Brown and Secretary Beard!

I want everyone to know that I agree with my co-principle negotiators’ articles in the October 2014 SF Bay View newspaper: 1) “California prisoner representatives: All people have the right to humane treatment with dignity” on page 5 and 2) “Unresolved hunger strike issues” on page 16. I want to encourage everyone to subscribe to this newspaper. It is the voice of all people!

To all U.S. citizens and the world community, support our Prisoner Human Rights Movement!

We are fighting for human justice. We are upholding the U.S. Constitution and California Constitution and the liberties therein, while establishing the freedoms that our ancestors struggled for over the past hundred years in California.

Determined to preserve our human lives and those of all prisoners within the state of California, we, the Prisoner Human Rights Movement, call on all citizens to get involved with social change now. In the course of our work, PHRM realizes that it is natural that we should meet opposition from CDCr, because of their ignorance and lack of knowledge manifested whenever CDCr ruthlessly deceives and deprives prisoners of our human rights and civil rights daily.

With the dawn of this new prison era, the Prisoners’ Era of Retrospect and Construct, know what its essentials are; know its principles and strive to attain our goals and objectives in the truest sense of our Agreement to End Hostilities. We know what forced solitude causes: psychological and physical warfare, for prisoners and their outside family members as well.

Politically speaking, the world has changed and so have prisoners. Human progress means change, and today we need to prepare for a higher life, for tomorrow’s liberty – educationally, socially and politically.

Determined to preserve our human lives and those of all prisoners within the state of California, we, the Prisoner Human Rights Movement, call on all citizens to get involved with social change now.

No one wants to be tortured, dehumanized, racially profiled, religiously profiled and viciously targeted by acts of sensory deprivation by Gov. Jerry Brown’s state government and his California prison officials to implement the New Jim Crow, i.e., the Security Threat Group/Step Down Program (STG/SDP), which is actually criminal acts of torture by way of low intensity warfare. This is an act against all California citizens and humanity itself.

Our PHRM was threatened by CDCr officials and employees as we championed the cause of the Agreement to End Hostilities, and we thank God that our prisoner class did not fall prey to CDCr’s threats to destroy our AEH across this state. Prisoners hold their destiny in the palm of their hands and we shall not allow any prison correctional officers, sergeants, lieutenants, captains, associate wardens, chief deputy wardens, wardens, the director of adult institutions, the undersecretary or the secretary or even Gov. Brown to destroy our faith in humanity. The Prisoner Human Rights Movement shall stand as ONE clenched fist in solidarity against CDCr oppression.

I want to make it clear that Gov. Brown and Secretary Beard operate with the mentality of Donald Tokowitz Sterling, the former Los Angeles Clipper’s owner. Just review their policies, rules, laws and practices directed at all prisoners and their family members, relatives, friends and all citizens within this state.

We shall not allow even Gov. Brown to destroy our faith in humanity. The Prisoner Human Rights Movement shall stand as ONE clenched fist in solidarity against CDCr oppression.

Stand up against injustice. Stand up against racism. Stand up against sensory deprivation.

People, get involved in struggle!

Revolutionary love and respect!

Brutha Sitawa

Send our brother some love and light: Sitawa Nantambu Jamaa, s/n R.N. Dewberry, C-35671, 4B-7C-209, P.O. Box 1906, Tehachapi CA 93581.

Pelican Bay Short Corridor Human Rights Movement: Banned testimony of the four main prisoner representatives

Published in: SF Bay View, Feb. 11th, 2014

by Todd Ashker, Arturo Castellanos, Sitawa Nantambu Jamaa (Dewberry) and Antonio Guillen

Feb. 11, 2014 – We are prisoners at Pelican Bay State Prison who have all lived for over 15 years locked 23 hours a day in small windowless cells, without ever being able to hug or touch our families, without ever seeing birds, trees or the outside world, with no programs or chance for parole.

California keeps us in these torturous conditions not because of any violence we have committed, but because it believes we are affiliated with a gang, often based on artwork or photos we possess, tattoos we have, literature we read, who we talk to or anonymous informants’ statements that we have no way of challenging. We are put in Pelican Bay not for any specific term of months or years for misconduct we have committed, but indefinitely, which in practice means forever – unless we become informants.

California keeps us in these torturous conditions not because of any violence we have committed, but because it believes we are affiliated with a gang, often based on artwork or photos we possess, tattoos we have, literature we read, who we talk to or anonymous informants’ statements that we have no way of challenging.

Last summer we went on hunger strike – we were willing to starve ourselves to death rather than continue to endure these dehumanizing conditions forever. We ended the strike because several compassionate legislators promised to call the hearings that are taking place today. Yet today the legislators will hear from psychologists, lawyers, other experts, corrections officials, but not from us – who have the most experience with the conditions we face – because California (CDCR) prison officials refuse to let us testify, even remotely via video or audio, which they could easily do.

So this is our banned testimony: CDCR claims to have now instituted a reform program. It is a sham, just like the so called reform they instituted a decade ago after a court settlement which resulted in no real change. This new reform effort still maintains the basic conditions at Pelican Bay, and will continue to keep prisoners in isolation for vague gang affiliation based on artwork, literature, communications or informants’ testimony that does not meet California’s judicial standards for reliability in criminal trials.

California is still unwilling to move to a real behavior based system where prisoners are given determinate terms in solitary after due process hearings at which they are found guilty of some serious misconduct, such as assault, murder, rape or drug dealing. Instead, these new policies widen the net of prisoners who can be labeled as gang affiliates and isolated based on that label. These unjust and ineffective policies are very expensive and have already cost our state millions of tax dollars which could be put to better use.

CDCR’s reform program widens the net of prisoners who can be labeled as gang affiliates and isolated based on that label. These unjust and ineffective policies are very expensive and have already cost our state millions of tax dollars which could be put to better use.

Moreover, even those prisoners who need to be isolated from the general population because of the violence they have committed while in prison ought to be treated humanely. There is no reason California can’t run very high security prisons that allow prisoners held in segregation to have contact visits with family, phone calls to family and friends, educational and rehabilitation programs, more out-of-cell time, cells with windows, recreational yards that allow for small groups to recreate together and see the outside world: in short, segregation from the general population, but not torture or dehumanization.

There is no reason California can’t run very high security prisons that allow prisoners held in segregation to have contact visits with family, phone calls to family and friends, educational and rehabilitation programs, more out-of-cell time, cells with windows, recreational yards that allow for small groups to recreate together and see the outside world: in short, segregation from the general population, but not torture or dehumanization.

We have written petitions and letters to the governor, filed a class action federal lawsuit and gone on hunger strikes seeking real reform, not the bogus reform Californian officials now propose. It’s time for California to do the right thing. It’s time for the legislature to enact meaningful reforms.

Pelican Bay Short Corridor Human Rights Movement:

• Todd Ashker, C-58191, SHU D4-121, P.O. Box 7500, Crescent City CA 95532

• Arturo Castellanos, C-17275, SHU D1-121, P.O. Box 7500, Crescent City CA 95532

• Sitawa Nantambu Jamaa (Dewberry), C-35671, SHU D1-117, P.O. Box 7500, Crescent City CA 95532

• Antonio Guillen, P-81948, SHU D2-106, P.O. Box 7500, Crescent City CA 95532

Message from Pelican Bay prisoner representatives to UN Special Rapporteur on Torture Juan Méndez

Published in: SF Bay View, Oct. 21st, 2013

by Todd Ashker, Arturo Castellanos, Antonio Guillen and Sitawa Nantambu Jamaa

Oct. 18, 2013 – We, the four principal representatives of the prisoners confined in the Security Housing Unit (SHU) at Pelican Bay State Prison, hereby welcome Juan Méndez to California. We have followed your work and advocacy against torture throughout the world and congratulate you on your commitment and success in bringing your findings to the public’s attention.

We recently suspended our hunger strike against torture in the form of prolonged solitary confinement in California’s prisons after 60 days. Over 30,000 prisoners joined us in the largest protest ever against prison conditions in the United States and possibly the world.

We decided to suspend our hunger strike for several reasons:

1) We succeeded in making the issue of torture in California’s prisons into an issue of worldwide public and media attention. The New York Times, Washington Post, Los Angeles Times, CNN, Al Jazeera and the BBC are just a few of the media outlets that covered our cause, with many running editorials in our support. Thousands of people joined demonstrations, signed petitions and letters, and spoke out in our favor.

2) State Sen. Loni Hancock and Assemblyman Tom Ammiano promised to hold legislative hearings to address solitary confinement, the conditions of imprisonment, and sentencing policy in California and to introduce legislation for reform. They have already held one hearing on Oct. 9 – in a room filled with our supporters – and heard from experts, former prisoners and family members who spoke of the torture we endure and demanded change.

3) CDCR officials promised to meet with us to discuss our concerns, and we have already spent hours in talks with them.

But nothing has changed. Over 3,500 prisoners remain isolated in California’s SHUs with almost no human interaction and little opportunity to exercise or even see the sun, and are still forbidden contact visits or telephone calls with their families. They join thousands of others who are held in different forms of solitary confinement throughout the system.

We decided to suspend our hunger strike for several reasons: We made California prison torture an issue worldwide with major press coverage; the Legislature promised hearings and has held the first one already; and CDCR is negotiating with us. But nothing has changed.

Prisoners are revalidated for indefinite terms on the basis of unconfirmed rumors, anonymous misinformation from debriefers and informants, and possession of criminalized books, articles and art work. The only sure way out is to debrief and expose yourself to shame, further exploitation by prison officials, condemnation and violence.

Mr. Méndez, we ask that you join in our struggle. We would like you to testify at one of the upcoming legislative hearings. We would like you to consider becoming an expert witness in our lawsuit.

As a former prisoner yourself, we would like you to do your best to bring both our conditions and our human rights movement to the attention of the international community, with intention to take resolute action against the torture we, along with many other prisoners in California and elsewhere, have endured for far too long. We look forward to meeting you.

With respect and in solidarity,

Todd Ashker
Arturo Castellanos
Antonio Guillen
Sitawa Nantambu Jamaa

Send our brothers some love and light: Todd Ashker, C-58191, PBSP SHU D4-121, P.O. Box 7500, Crescent City CA 95532; Arturo Castellanos, C-17275, PBSP SHU D1-121, P.O. Box 7500, Crescent City CA 95532; Antonio Guillen, P-81948, PBSP SHU D2-106, P.O. Box 7500, Crescent City CA 95532; Sitawa Nantambu Jamaa (s/n R. Dewberry), C-35671, PBSP SHU D1-117, P.O. Box 7500, Crescent City CA 95532.

Statement suspending the third hunger strike

Published in: SF Bay View, Sept, 5th, 2013

Greetings of Solidarity and Respect!

The PBSP-SHU Short Corridor Collective Representatives hereby serve notice upon all concerned parties of interest that after nine weeks we have collectively decided to suspend our third hunger strike action on Sept. 5, 2013.

To be clear, our peaceful protest of resistance to our continuous subjection to decades of systemic state sanctioned torture via the system’s solitary confinement units is far from over. Our decision to suspend our third hunger strike in two years does not come lightly.

This decision is especially difficult considering that most of our demands have not been met – despite nearly universal agreement that they are reasonable. The core group of prisoners has been and remains 100 percent committed to seeing this protracted struggle for real reform through to a complete victory, even if it requires us to make the ultimate sacrifice. With that said, we clarify this point by stating prisoner deaths are not the objective; we recognize such sacrifice is at times the only means to an end of fascist oppression.

Our goal remains: Force the powers that be to end their torture policies and practices in which serious physical and psychological harm is inflicted on tens of thousands of prisoners as well as our loved ones outside. We also call for ending the related practices of using prisoners to promote the agenda of the police state by seeking to greatly expand the numbers of the working class poor warehoused in prisons, and particularly those of us held in solitary, based on psychological and social manipulation, and divisive tactics keeping prisoners fighting amongst each other.

To be clear, our peaceful protest of resistance to our continuous subjection to decades of systemic state sanctioned torture via the system’s solitary confinement units is far from over. Our decision to suspend our third hunger strike in two years does not come lightly.

Those in power promote mass warehousing to justify more guards and more tax dollars for “security,” yet spend mere pennies for rehabilitation – all of which demonstrates a failed penal system and high recidivism – ultimately compromising public safety. The state of California’s $9.1 billion annual CDCR budget is the epitome of a failed and fraudulent state agency that diabolically and systemically deprives thousands of their human rights and dignity.

Allowing this agency to act with impunity has to stop! And it will.

With that said, and in response to much sincere urging of loved ones, supporters, our attorneys, and current and former state legislators, Tom Ammiano, Loni Hancock and Tom Hayden, for whom we have the utmost respect, we decided to suspend our hunger strike. We are especially grateful to Sen. Hancock and Assembly Member Ammiano for their courageous decision to challenge Gov. Brown and the CDCR for their policies of prolonged solitary confinement and inhumane conditions. We are certain that they will continue their fight for our cause, including holding legislative hearings and drafting legislation responsive to our demands on prison conditions and sentencing laws. We are also proceeding with our class action civil suit against the CDCR.

The fact is that Gov. Brown and CDCR Secretary Beard have responded to our third peaceful action with typical denials and falsehoods, claiming solitary confinement does not exist and justifying the continuation of their indefinite torture regime by vilifying the peaceful protest representatives. They also obtained the support of medical receiver Kelso and Prison Law Office attorney Spector – who is supposed to represent prisoners interests, and instead has become an agent for the state – to perpetuate their lie to the public and to the federal court that prisoners participating in the hunger strike have been coerced in order to obtain the Aug. 19 force feeding order.

From our perspective, we’ve gained a lot of positive ground towards achieving our goals. However, there’s still much to be done. Our resistance will continue to build and grow until we have won our human rights.

We have deemed it to be in the best interest of our cause to suspend our hunger strike action until further notice.

We urge people to remember that we began our present resistance with our unprecedented collective and peaceful actions – in tandem with the legislative process – back in early 2010, when we created and distributed a “Formal Complaint” for the purpose of educating the public and bringing widespread attention to our torturous conditions.

After much dialogue and consideration, this led us to our first and second hunger strike actions in 2011, during which a combined number of 6,500 and 12,000 prisoners participated. We succeeded in gaining worldwide attention and support resulting in some minor changes by the CDCR concerning SHU programming and privileges. They also claimed to make major changes to policies regarding gang validation and indefinite SHU confinement by creating the STG-SDP Pilot Program. They released a few hundred prisoners from SHU and Ad Seg to general population in the prison. But in truth, this is all part of a sham to claim the pilot program works and was a weak attempt to have our class action dismissed. It didn’t work.

In response, we respectfully made clear that CDCR’s STG-SDP was not responsive to our demand for the end to long term isolation and solitary confinement and thus unacceptable. (See Agreement to End Hostilities.)

Our supporting points fell on deaf ears, leading to our January 2013 notice of intent to resume our hunger strike on July 8, 2013, if our demands were not met. We also included 40 supplemental demands.

In early July, CDCR produced several memos notifying prisoners of an increase in privileges and property items, which are notably responsive to a few of our demands, while the majority of our demands were unresolved, leading to our third hunger strike, in which 30,000 prisoners participated and which resulted in greater worldwide exposure, support and condemnation of the CDCR!

From our perspective, we’ve gained a lot of positive ground towards achieving our goals. However, there’s still much to be done. Our resistance will continue to build and grow until we have won our human rights.

Respectfully,

For the Prisoner Class Human Rights Movement:

  • Todd Ashker, C-58191, D4-121
  • Arturo Castellanos, C-17275, D1-121
  • Sitawa Nantambu Jamaa (Dewberry), C-35671, D1-117
  • Antonio Guillen, P-81948, D2-106

And the Representatives Body:

  • Danny Troxell, B-76578, D1-120
  • George Franco, D-46556, D4-217
  • Ronnie Yandell, V-27927, D4-215
  • Paul Redd, B-72683, D2-117
  • James Baridi Williamson, D-34288, D4-107
  • Alfred Sandoval, D-61000, D4-214
  • Louis Powell, B-59864, D1-104
  • Alex Yrigollen, H-32421, D2-204
  • Gabriel Huerta, C-80766, D3-222
  • Frank Clement, D-07919, D3-116
  • Raymond Chavo Perez, K-12922, D1-219
  • James Mario Perez, B-48186, D3-124

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.