PTSD SC: Post-Traumatic Stress Disorder Solitary Confinement

photo collage of Baridi J. Williamson and Sitawa Nantambu Jamaa

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

Published in the SF Bayview, February 26, 2018

by Sitawa Nantambu Jamaa and Baridi J. Williamson

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

In struggle!

Prisoner Human Rights Movement

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

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

[ii] Same as above

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

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

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

[vi] See Madrid, above, at footnote 5

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

[viii] See Madrid

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

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

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

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

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

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PHRM: Our Fifth Year to the Agreement To End Hostilities: Recognize Our Humanity!

We are within our 5th Year of the August 2012 historical document “AGREEMENT TO END HOSTILITIES.” followed by the PHRM’s third and the largest Hunger Strike within the State of California and equally larger then any Hunger Strike within the United States federal and state prison system, to which there were over 30,000 Prisoners here in California who participated (that is, from Solitary Confinement and the General Population. We (PHRM) have decreased California Prison Melees in half over the past five years with NO assistance by CDCr: SVSP, PBSP, New Folsom, Kern Valley, SATF, Lancaster, Centinela, High Desert, etc. Officials.

5 Reps of the PHRM: Sitawa, Todd, Arturo, Antonio, George

5 Reps of the PHRM: Sitawa, Todd, Arturo, Antonio, George

These historical acts of courage were led by the four Principal Negotiators Arturo Castellanos, C-17275, Sitawa Nantambu Jamaa (Dewberry, C-35671), Todd Ashker, C-58191, and Antonio Guillen, P-81948, along with the Sixteen known Representatives, and along with our Unsung Heroes throughout CDCr.

We Salute Our Fallen Heroes
We shout out to the Families of those who died during the Historical Hunger Strikes (2011-2013), and to the Families who lost Loved Ones during the (AEH) struggle For Equal Justice, “Christian Gomez, Alex Machado, Alonzo Hozel Blanchard, A. “Baby Paya” Morales,
Billy “Guero” Sell, Johnny Owen Vick, and Hugo “Yogi” Pinell.”

“We also want to warn those in the General Population that [CCPOA guards & their Supervisors] will continue to plant undercover Sensitive Needs Yard (SNY) debriefer ‘inmates’ amongat the solid GP prisoners with orders from IGI to be informers, snitches, rats, and obstructionists, in order to attempt to disrupt and undermine our collective groups’ mutual understanding on issues intended for our mutual causes (that is, forcing CDCr to open up all GP main lines, and return to a rehabilitative-type system of meaningful programs/privilages, including lifer conjugal visits, etc. via peaceful protest activity/non-cooperation, e.g., hunger strike, no labor, etc. etc.).
People need to be aware and vigilant to such tactics, and need to refuse to allow such IGI inmate snitches to create chaos end reignite hostilities amongst our racial groups. We can no longer play into IGI, ISU, OCS, and SSU’s old manipulative divide and conquer tactics!!!”
(quoted from AEH, #3)

CDCr Secretary Kernan, Undersecretary Diaz, (DAI) Director Allison, Director Alfaro (of High Security Prisons) and Governor Brown have all been notified or the crisis here at SVSP C-Facility.

The lack of rehabilitative programs (i.e., Vocational Carpentry, etc.) here at SVSP and throughout the system remains dysfunctional.

Those within the PHRM here at SVSP C-Yard, who were released from

Laudatory Chrono for Sitawa Nantambu Dewberry for his mentorship in the prisoners' designed program Life Cycle

Laudatory Chrono for Sitawa Nantambu Dewberry for his mentorship in the prisoners’ designed program Life Cycle at Salinas Valley State Prison. Sitawa was the first mentor to interact with the youth at the event, May 24, 2016

Solitary Confinement over the last three years, have created our own Juvenile Divergent Program called “LIFE-C.Y.C.L.E.” (“Careless Youth Corrected by Lifers’ Experiences”), and this program has successfully for the past fifteen months conducted five Seninars, bringing in At-Risk Youth from the local Monterey County to guide them, while mentoring other prisoners. During the Seminars, the Youth share their thoughts and understandings of not wanting to come to prison, and what their goals are, that they will set for themselves to prevent that from happening.

The PHRM prisoners have realized that CDCr has caused harm to them over the past 2, 10, 20, 30-40 years of Solitary Confinenent. We – as Class Members of the PHRM here at SVSP C-Facility realize the negligence and adverse impact of that devastating ordeal coming out here to a partial General Population (G.P.). And we realized once again CDCr failed to acknowledge the harm that they caused to us, therefore, we took it upon ourselves to establish our our supportive MEN’S GROUP in order to cope with the devastating harm that was caused by Solitary Confinement.

The purpose of this MEN’S GROUP is to serve as a diverse multi-cultural support group for both those prisoners in- and being released to the G.P. from Solitary Confinement sucessfully settle-in, be provided access to rehabilitative pre-Parole Board (SR 260/261) Self-Programs, etc., that CDCr/SVSP are mandated to make available for all G.P. prisoners.

The primary purpose of the MEN’S GROUP is for the Participants to mentor and aid one another. Our Group’s vision brings a sense of community, respect and responsibility that springs from the 21st century insight of collective minds who have united in solidarity and have mutually agreed to end hostilities among racial groups. This historic agreement will continue to bring ahout substantive changes to the CDCr system of non-rehabilitation.

On November 3rd, 2015, the PHRM had discussed with Warden Muniz, Chief Deputy Warden Hatton, and Associate Warden Bienkale about the need for this type of Support Group to address the cause and effects of Solitary Confinement upon our re-entry into the G.P. These administrative officials’ response was positive and was witnessed by the outside citizenry activists hosting the event, Mary Lou, Barrio Unidos (Santa Cruz), Actor Danny Glover, and Mr. Kahn, Peace Academy.

We were told to prepare and submit our proposed Self-Help Support Group to AW Bienkale via SVSP’s Community Resource Manager (CRM) Carol Hernandez, which we immediatele completed.

However, since November, 2015 to April, 2017, CDCr-SVSP has continued to not address these serious matters of concern. Although, on the occasions when we speak with Muniz (and Bielkale in Nov., 2016), they are supposedly going to initiate the MEN’S GROUP (according to AW Bienkale). But to date they have failed to approve it, which left hundreds of prisoners suffering from the effects of solitary confinement with no administrative support.

We (PHRM) have been integrated into some of the worst CDCr 180/270-designed prisons in the State, not considering these same men were held illegally in Solitary Confinement up to forty-plus (40+) years and their Humanity is now again being withheld by new Green Walls/Old Culture. Yet, prisoners held at SVSP (facility-C) face the bigotry and prejudice by the Senior Correctional Officers and supported by their Supervisors (eg., Sgts) who allow for all new C/Os to be trained and taught the Old Culture/continual Green Wall.

Scott Kernan, CDCR Secretary, Ralph Diaz, CDCr UnderSecretary, Kathleen Allison, Director of Adult Institutions: Recognize Our Humanity and correct your Staffers’ here at SVS Old Culture Mentality here at SVSP forthwith.

In Solidarity,

Prisoner Human Rights Movement – Local Council (PHRM-LC)
Picture of Sitawa's signatureSitawa Nantambu Jamaa (Dewberry C-35671)

Photo of Sitawa in July of 2016

Sitawa in July of 2016

PHRM PRINCIPAL NEGOTIATOR

29 March, 2017 © SNJ

Sitawa.org

PrisonerHumanRightsMovement.org

typed by AP on April 16, 2017

CDCr must effect genuine changes in its old policies, culture and practices

by Baridi and Sitawa Nantambu Jamaa
March 25, 2017, in SF Bayview

Photo of Baridi Williamson in 2016

Baridi Williamson in 2016

As always, allow us to begin by paying our respects to the families who lost their loved ones during the historic California hunger strikes. Prior to the solidarity hunger strikes, the four principal negotiators, Sitawa Nantambu Jamaa, Arturo Castellanos, George Franco and Todd Ashker, found ourselves locked inside Pelican Bay SHU Short Corridor. There we would discuss the vision of effecting genuine change in CDCr’s long term solitary confinement combined policies, prac­tices and conditions. (See our Five Core Demands.)

Photo of Sitawa and Marie arm in arm

Sitawa and his sister Marie, on their first contact visit since decades

And Brutha Sitawa would continue to share the broader vision, foreseeing not only our tortured class being released from solitary confinement, but also changing the backwards direction of the California and U.S. governments’ new Jim Crow systems of mass incarceration.

Then came the hunger strikes (2011-2013) and we saw CDCr (California Department of Corrections and Rehabilitation – the last word often not capitalized because it’s proved to be an empty promise) being compelled to start releasing some of our class members – aka DRB (Departmental Review Board) kickouts – out of soli­tary confinement into the general population. And upon our arrival out to the GP, some of us knew that CDCr-CCPOA guards were plotting and scheming to not only figure out a way to stop from having to release the rest of our class from the SHU by finding a way to use us as their pretextual excuse, but to begin re­filling those multi-million dollar SHU unit cages with the next generation of solitary confinement-tortured subjects.

CDCr-CCPOA guards have a long, sordid history of manipulating and playing prisoners against one another like pawns in the game being pulled on puppet strings, which is well rooted in its old ingrained culture, traditional patterned practices and institutional racism and impu­nity.

Many if not most of us DRB SHU released class members refused to allow CDCr-CCPOA staff assigned to OCS (Office of Correctional Safety), SSU (Special Services Unit), ISU (Investigations Services Unit) and IGI (Institutional Gang Investigations) to manipulate and play us against each other out here so the rest of us could have the same fair, rightful release out to see the sun, enjoy contact visits with their loved ones, socialize and begin the long process of healing from years and decades of being tortured by CDCr-CCPOA, OCS, SSU, ISU-IGI and LEIU (Law Enforcement and Investigations Unit).

Shout out to all those who understand the bigger picture of our solidarity efforts coming out of the hunger strikes, which continue today as the Prisoner Human Rights Movement (PHRM).

Unfortunately, there are some California prisoners still allowing themselves to allow CDCr to pull them backwards into that old CDCr way of thinking and behaving that allowed us to be set up to be wrongfully placed and kept inside CDCr’s solitary confinement torture system under their old “snitch, parole or die!” mass validation, indeterminate SHU, coerced, enhanced, interrogative debriefing mind and spirit-breaking scheme.

Whether it be what happened at New Folsom last Au­g. 12, 2015 – condolences extended to the family of Hugo Pinell for the loss of our Brutha Hugo to the old, evil, backward thinking of the past – or when it appears elsewhere throughout CDCr, we have to be mindful of what we witnessed and experienced during the solidarity hunger strikes, class action lawsuits, standing up against this wicked system together with our families, relatives and supporters who challenged and rocked CDCr and this state’s government to its core with our Five Core Demands, Agreement to End All Hostilities etc.

And now a course has been set to demand and win back most if not all the rights, privileges and amenities that were wrongly taken away and denied to California’s incarcerated residents being warehoused on these Level 180 and 270 institutions. We deserve fair and equal access to the state- and federally-funded rehabilitative programs and services, including access to immediate family and conjugal visits, vocational trades and classes, workable-skills jobs, computer literacy education etc.

Upon arriving at CDCr’s Level 180 Salinas Valley State Prison (SVSP) Facility-C general population (GP) Yard 1, which reflects a traditional CDCr GP for adult men, that is, Southern Mexicans, Afrikans, Northern Mexicans and Whites, except the other nationalities are over on Yard 2, along with some more Afrikans, Fresno Bulldogs and New Flowers, it was clear to us disciplined solidarity supporters of the Agreement to End Hostilities (AEH) that we had gone from one messed up, non-rehabilitative reality to an old traditional CDCr environment.

We even heard that certain staff had been overheard betting that “those guys won’t stay out here a month, certainly not six months.” And now they’ve come to realize that not only is this former indeterminate SHU class out here to stay, but we are still standing united in solidarity to demand and get our rights to all be treated with respect as human beings and provided with the same opportunities to have a parole date and to be released back home with our families, communities and society!

The winds of change are beginning to blow again in the direction of opposition to mass incarceration, rehabilitation and recidivism, as well as opposition to the long-term use of solitary confinement, which must include abuses even for short-term solitary. While much of this new direction for change is still in its idea and/or early stages of being worked out through the very same governmental branches and systems that have been identified as play­ing a large if not total part of causing the problems in the first place, it will take the courageous people, organizations and groups, independent of the govern­ment, to continue to stand in solidarity both inside and outside U.S. and California institutions to call for, demand and make real tangible change.

We prison activists recognize that CDCr and each of the solitary confine­ment housing units – SHU, Ad-Seg, Stand Alone etc. – have been illegally warehousing women and men prisoners for four decades. We knew that during the three non-violent peaceful hunger strike protests in 2011 and 2013. And we lost some prisoner ac­tivists who paid the ultimate sacrifice. We shall always honor those heroes!

We prison activists recognize that wardens and their subordinates are governmental peace officers and must be held accountable to discharge their public service duties and responsibi­lities in a professional and transparent manner. To ensure governmental ac­countability and transparency, these peace officers working in CDCr should also have body cameras on their California governmental CDCr peace officers’ uniforms, just like the outside peace officers throughout California.

We prison activists recognize that CDCr is operating semi-general population and modified general populations within the prisons, thereby violating general popu­lation prisoners’ constitutional rights. And as such, we prison activists cannot fulfill the personal goals and objectives of rehabilitative success.

We prison activists recognize CDCr Secretary Kernan’s statement: “To change CDCr employees’ attitudes as he (Secretary Kernan) tries to alter a culture that often pits prison guards against inmates and outsiders, CDCr has to train and bring racial di­versity to its leadership for prison employees.”

In solidarity, Baridi and Sitawa Nantambu Jamaa

Send our brothers some love and light: James X (Baridi) Williamson, D-34288, and Sitawa Nantambu Jamaa (R. Dewberry), C-35671, Salinas Valley State Prison, Yard 1, C1-118, P.O. Box 1050, Soledad CA 93960.

PrisonerHumanRightsMovement.org

Sitawa: Exiting solitary confinement – and the games CDCr plays

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.

Sitawa Nantambu Jamaa hugs his sister, Marie Levin, for the first time in 31 years. For 31 years, he never felt a friendly touch. He says that as he hugged his sister, he thought of the 16 close family members he had lost during those years, including his mother, in 2014.

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.

This collage for an article in support of the hunger strike leaders shows Sitawa in 2012 and in 1988, when he was known as Ronnie Dewberry. – Photo: Adithya Sambamurthy, CIR

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.

Photo of Sitawa, Marie Levin, Randy her husband, 2016

Sitawa received his first contact visit from his sister Marie and her husband Randy, here on another visit, 2016

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.

They include:

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.

Another rally that not only garnered support from outside but raised spirits inside was at Corcoran Prison in the Central Valley on July 13, 2013, during the last hunger strike, where the prisoners were suffering the summertime heat combined with gnawing hunger. On a “solidarity fence,” notes composed of quotes from some of the leading strikers were pinned to a fence to inspire the demonstrators. This is a quote from Sitawa.

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 levin1marie@gmail.com.

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.

Our Uphill Battle

“When doubt becomes an anchor towards you meeting the task of fulfilling your objective. Just remember youmade it this far because you were strong enough to get there. So there’s no reason to doubt your potential when your potential is capable of overcoming any given circumstances.”
– Quoted by: Dr. Ladaro J. Pennix,II and Sitawa Nantambu Jamaa (s/n R. Dewberry)

July 10, 2016
The uphill battle for progressive change is an ongoing relevance that should never be forsaken by the menial-perks that our overseers oblige us with as a way to pacify us “Captive Warriors” who have endured the onset of being Prisoners of War of Solitary Confinement (POW-SC), and who were abused by the very overseers sworn to uphold the liberties of our safety and security.

Though great strides have occured from the grit of our sacrifice, this struggle is not over and should never be dependent on the complacency of what we already have coming. Here at Salinas Valley State Prison, we as a community (Black, Brown, and the other Captive Warriors), have committed ourselves to restoring progressive and effective program to C-yard facility.

Because C-yard facility still possesses the remnant of GreenWall’s foul (old-school) overseers, we continue to find ourselves subjected to the problematic aggression of our overseers who continue to create a hostile environment as a means to impede our progression.

But we cannot submit to the nefarious tactics designed to cripple the motivation of our self-determination. We are Captive Warriors who have endured the unthinkable and have come out of it ever stronger and more driven than ever!… The machine that drives us is a tenacity to refuse to submit to an unjust system. This is the commonality that weaves the tapestry of our initiatives and consolidates our agendas to stand firm in our progressive push for the development of program reform that allows no CAPTIVE WARRIOR to be left behind. Change is here!! And our overseers have no choice but to get on board or submit to a progressive change of justice, and reform, the likes they could’ve never anticipated.

As Executive Body members of the Inmate Advisory Council (I.A.C.), Brother Sitawa Nantambu Jamaa (s/n R. Dewberry) and I have become fierce advocates at not just maintaining the presence of peace of all Captive Warriors, but also in concert with all tribes we have forced our overseers to hold themselvse accountable when particular chaos-agents (officials) attempt to insert flagrant schemes to disrupt the momentum of advancement that we have been able to maintain amid the ambience of our captive milieu.

Because of this fact, we will always be targets of our overseers, simply because they are not ready for change, and such change threatens the status quo in which they have become accustomed to. But this will not sway us from standing firm to the cause! This is bigger than us! We are here for the people. We are here to protect every “Captive Warrior’s” equal liberties and allow them a chance to have reform through progressive programs so that like the “R” in CDCR, Rehabilitation can become a tangible fact and no longer a vague notion to a possibility.

“The people come first – always. We are the people and today the people speak.”

In Solidarity,
Dr. Ladaro J. Pennix,II and Sitawa Nantambu Jamaa (s/n R. Dewberry)

Prisoner Human Rights Movement BLUE PRINT

(FULL BLUE PRINT pdf- all docs-284pgs)
Overview
Table of Contents
Blue Print core document
Appendix

BLUE PRINT 

The declaration on protection of all persons from being subjected to torture and other cruel, inhuman or degrading treatment or punishment was adopted by the United Nations General Assembly in its resolution 3452 (XXX) of December 9, 1975. The Declaration contains 12 Articles, the first of which defines the term “torture” as:

“Any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted by or at the instigation of a public official on a person for such purposes as obtaining his or a third person’s information or confession, punishing him for an act he has committed or is suspected of having committed, or intimidating him or other persons.”

FREEDOM OUTREACH PRODUCTION
December 1, 2015

 

PRISONER HUMAN RIGHTS MOVEMENT
#1
Blue Print Overview

California Department of Corrections and rehabilitation (“CDCr”) has systemic and dysfunctional problems that run rampant state-wide (within both Cal.’s Women and Men prisons), which demand this California government to take immediate action and institute measures to effect genuine tangible changes throughout CDCr on all levels.

The entire state government was notified and made aware of this “Dysfunctional” CDCr prison system in 2004 when its own governmental CIRP blue ribbon commission (authorized by then Governor Arnold Schwarzenegger) reported this finding and fact. (See http://www.immagic.com/eLibrary/ARCHIVES/GENERAL/CAGOV_US/C040600D.pdf; also see Prison Legal News article, “CA Corrections System Officially Declared Dysfuntional.”)

However, this CDCr state of “dysfunction” was not new to the massive number of women, men and youth being kept warehoused in CDCr, because they face it daily. (See Cal. Prison Focus News, 1990s-Present, Prisoner Reports/Investigation and Findings; San Francisco Bay View News Articles; ROCK & PHSS Newsletters, etc.)

During the historic California Prisoners’ Hunger Strikes (2011-2013), tens of thousands of men and women prisoners in CDCr’s solitary confinement torture prisons, as well as a third of the general population prisoners, united in solidarity in a peaceful protest to expose this dysfunctional system officially reported in 2004 by the CIRP.

The Prisoner Human Right’s Movement (PHRM) Blue Print is essentially designed to deal with identifying and resolving primary contradictions by focusing on the various problems of CDCr’s dysfunction, including (but not limited to) the following areas… [read full OVERVIEW Here]

 

TABLE OF CONTENTS for Blue Print

OVERVIEW by Sitawa Nantambu Jamaa

Prisoner Human Rights Movement BLUE PRINT

Prisoner Human Rights Movement (“PHRM”)

PHRM Principle Negotiators, Reps, Plaintiffs, Local Councils

I. Monitoring Reports on 33 State Prisons

II. Monitoring Implementation of the Ashker v. Brown Settlement Agreement

III. Instituting the Agreement to End Hostilities

IV. Legal PHRM Political Education

V. Freedom Outreach

Conclusion

APPENDIX

All Appendices can be found at www.prisonerhumanrightsmovement.org

#1 (A) Five Core Demands; &
(B)
Agreement to End Hostilities

#2 Second Amended Complaint, Ashker v. Brown

#3 Supplemental Complaint, Ashker v. Brown

#4 Settlement Agreement, Ashker v. Brown

#5 PHRM’s Principle Negotiators’ Statements on 2nd Anniversary of the Agreement to End Hostilities

#6 (A) Example Monitoring Report w/ Exhibit; &
(B)
Example Monitoring Record

#7 (A) CA Assembly Public Safety Committee Legislative Hearing on CDCr SHU policy, 8/23/2011
(B)
CA Joint Legislative Hearing on CA Solitary Confinement, 10/9/2013

#8 – Mediation team publications

(A) Mediation Team Memorandum on Meetings with CDCr Officials, (3/26/12)
(B) Mediation Team Memorandum on Meetings with CDCr Officials, (3/15/13)
(C) Mediation Team Memorandum on meetings with CDCr Officials, (2/20/15)

#9 – PHRM LEGAL PRISON ACTIVISM EDUCATION Packets*:

(A) LEARN TO PROTECT YOUR RIGHTS
(B)
MEMORANDUM ON UNCONSTITUTIONALITY OF CDCR’s STG/SDP (Feb. 2015)

* To receive Educational Materials (Appendix #9), please write and send, for the cost of the mailing, either eleven dollars and fifty cents ($11.50) or the equivalent in postage stamps to:

Freedom Outreach/PHRM
Fruitvale Station
PO Box 7359
Oakland, CA 94601-3023

 

PRISONER HUMAN RIGHTS MOVEMENT

We are beacons of collective building, while clearly understanding that We, the beacons, must take a protracted internal and external retrospective analysis of our present-day prisons’ concrete conditions to forge our Prisoner Human Rights Movement (PHRM) onward into the next stage of development, thereby exposing California Department of Corruption and Repression (CDCr)/United States Prison System of Cultural Discrimination against our Prisoner Class. This is why our lives must be embedded in our determined human rights laws, based on our constructive development of the continuous liberation struggle via our scientific methods and laws. Therefore, through our Prisoner Class, the concrete conditions in each prison/U.S. prisons shall be constructed through our Prisoner Human Rights Movement.

Continue reading

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.