Reportback from HEARING in Jorge Rico’s Case Against Sleep-Depriving Checks

Report on Jorge Rico Hearing

by Charlie Hinton

A number of hardy souls ventured to Sacramento on May 18, 2018 to a federal court hearing on CDCr’s motion to dismiss Jorge Rico’s suit opposing the every half hour Guard One “security/welfare checks” that take place in isolation units throughout the state. With Guard One, guards press a metal baton into a metal receiver positioned either in or besides cell doors, making a loud disruptive noise in most cases, waking prisoners up every 30 minutes and causing sleep deprivation. The good news is that the magistrate judge, Deborah Barnes, gave every indication she will deny CDCr’s motion and will move the case to its next stage. She suggested several times to CDCr’s lawyers that at this very early stage of the case, there was no basis for a motion to dismiss, and she said at least twice “I’m really struggling with your arguments.”

Rico Rally photo,5-18-18

There are currently 6 suits against the “checks” before this judge, and Kate Falkenstien, above in the center wearing a pink blouse, represents 3 of them, including that of Jorge Rico. In a press conference after the hearing, she explained the 3 arguments of CDCr.

In a motion they filed the day before, CDCr claims that because Mr. Rico has been moved from Pelican Bay SHU to general population, the case is now moot. The judge asked “Can’t he again be moved into SHU?” Which is exactly what has happened. During the last year or so, he’s gone from SHU to RCGP (from where he filed the suit) to SHU to Ad Seg  to SHU and now to GP.

The judge said that Rico’s claim would be viable for damages, but it was “questionable” whether injunctive relief could be sought.  [The judge’s point being that, at the present time, the conduct that would be enjoined does not affect Rico, the sole plaintiff in this case, because he is no longer in SHU.]

Prisoner rights campaigner Marie Levin commented outside the courthouse, “Regardless of Mr. Rico’s present or future housing assignment, he still suffered what he suffered when he suffered it.”

Second, CDCr argues that although sleep deprivation is illegal, they don’t think it’s illegal to keep people awake in this way. They didn’t know it was wrong. Ms. Falkenstien brought up a case from Alabama, Hope v. Pelzer, in which Alabama prison guards tied Mr. Hope to a hitching post with his shirt off in the sun for seven hours, offering him water twice and never a bathroom break. He sued, under the grounds that this was a violation of the 8th amendment guarantee against cruel and unusual punishment. Alabama said they knew it was illegal to tie a person for a sustained time to a fence or a cell door, but they didn’t think it was illegal to tie a person to a hitching post. The Supreme Court ruled for Mr. Hope.

CDCr’s third argument is that the Coleman judge has already ruled that Guard One is acceptable. Ms. Falkenstien argued for Rico that Coleman was a case involving mental illness, and neither Jorge nor many other prisoners undergoing the “checks” are mentally ill, and that even if one case has been decided, each person should be able to be heard in court.

In Ms. Falkenstien’s original brief in opposition to CDCr’s motion to dismiss, she argued 1) an Eighth Amendment challenge to the Guard One checks
 was not actually litigated in Coleman, 2) Rico Is neither a Coleman Class Member nor in privity 
with Class Members, and 3) the Coleman order can also be collaterally challenged, 
because none of the Coleman class representatives are 
affected by the Guard One checks.

Commenting on CDCr’s claims, the judge remarked that it was well established that sleep deprivation can rise to the level of an 8th Amendment violation. She said she was having a hard time with CDCr’s argument, and further, that she would be shocked to find any mention of sleep deprivation in Coleman, or anything in Coleman saying that if the checks using the Guard One system cause sleep deprivation, “that’s okay.”

Judge Barnes declined to dismiss the case and on Monday, May 21, 2018 she ordered the parties to brief the mootness issue (about Mr. Rico currently being out of the SHU) before she rules on the motion to dismiss.  The briefing is going to take about a month in total, so we won’t have a final answer about whether the case will be dismissed until the end of June at the earliest. We are optimistic, however, she will dismiss CDCr’s motion and move forward with the case.

pdf of this Report (with photo) HERE

Sacramento RALLY & COURT SOLIDARITY to End Sleep Deprivation in CA Solitary Confinement — FRIDAY, MAY 18

Jorge Rico is incarcerated in Pelican Bay State Prison and has brought a civil rights lawsuit challenging the constitutionality of the loud “security/welfare checks” that he (and others) in Pelican Bay’s solitary units endure every 30-60 minutes 24/7. These so-called “checks”- done by guards – wake and disturb prisoners day and night causing serious sleep deprivation and, as his lawsuit claims, constitute cruel and unusual punishment.as his lawsuit claims, constitute cruel and unusual punishment. (The guards do no checking on top of that). Sleep deprivation is internationally recognized as torture.

Please RALLY at 9am on May 18 in support of Jorge Rico’s case against the “security/welfare checks” and in public outrage against the jarring noise and sleep deprivation they cause. At 10am, after the rally, help form a STRONG COURTROOM PRESENCE at the hearing in his case.  Show solidarity with Jorge Rico while his attorneys argue that his case should not be dismissed at CDCR’s request.

The CA Department of Corrections and Rehabilitation (CDCR) will argue for the court to dismiss Jorge’s civil rights case. Jorge’s lawyers will argue that the case against CDCR administrators, guards, and wardens, must move forward. HERE is a link to Jorge Rico’s Opposition to CDCR’s motion to dismiss.

The PHSS Committee to End Sleep Deprivation asks you to help make a powerful showing of solidarity with Jorge and all people in CA solitary confinement who are suffering from the checks, and who cannot be in the courtroom or outside rallying and speaking about their experience.


Friday, May 18, 2018
Robert T. Matsui United States Courthouse, 501 I St., Sacramento, CA 95814

Sacramento Federal Court/Eastern District
Case name and number: Rico v. Beard  2:17-cv-01402-KJM-DB

9:00am RALLY outside the Courthouse
10:00am COURTROOM SOLIDARITY with Jorge Rico,
prisoner who brought this case (Crtrm #27, 8th Floor)

After the hearing, Jorge’s attorney, Kate Falkenstein, will be available briefly outside the courthouse to speak with community supporters and media.

Note: You must show ID and pass through a metal detector to get inside the Courthouse.


'Solitary Confinement Security Welfare Checks' art by Jaime Amesquita

Artwork by Jaime Amesquita, in High Desert State Prison. “I’m hoping that maybe through the publishing of my art I can bring attention to the long term effects brought by security/welfare checks, like sleep deprivation or PTSD.”

One way CDCR is attempting to get rid of the civil rights cases against the checks is by claiming that the guards and administrators causing the sleep deprivation and harm are only ‘following orders’ and not violating any clearly established right. We recall these words from a person in Pelican Bay solitary, who, like Jorge, has been subjected to the checks’ loud, reverberating banging noise every 30 minutes 24/7 in a small, enclosed concrete and metal cell:

“For decades, military and police forces have used extreme isolation, sleep deprivation and constant banging/noise to cause mental/physical torment and try to break a person’s mind or human will to resist questioning. These are so-called clean torture methods. So CDCR/Pelican Bay State Prison cannot possibly claim, ‘We did not know the cause or effect of this new program’s use of extreme isolation, sleep deprivation, and constant noise/banging.’”

Jorge’s Opposition to CDCR’s Motion to Dismiss quotes the court in another current federal case challenging the checks, Matthews v. Holland:

“It has been clearly established in the Ninth Circuit, since the 1990s, that inmates are entitled to conditions of confinement which do not result in chronic, long term sleep deprivation.” 

These “security/welfare checks” have been occurring for almost three years in Pelican Bay State Prison.

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EMERGENCY ACTION ALERT: Demand CA Dept. of Corrections Release Drafters of the Agreement to End Hostilities from Solitary Confinement!

Emergency Action Alert:

RELEASE DRAFTERS OF THE AGREEMENT TO END HOSTILITIES FROM SOLITARY CONFINEMENT

In October, 2017, the 2 year court monitoring period of the Ashker v. Governor settlement to limit solitary confinement in California expired. Since then, the four drafters of the Agreement to End Hostilities and lead hunger strike negotiators – Sitawa Nantambu Jamaa, Arturo Castellanos, George Franco, and Todd Ashker, have all been removed from general population and put in solitary in Administrative Segregation Units, based on fabricated information created by staff and/or collaborating “inmate informants.” In Todd Ashker’s case, he is being isolated “for his own protection,” although he does not ask for nor desire to be placed in isolation for this or any reason. Sitawa has been returned to population, but can still not have visitors.

Please contact CA Department of Corrections and rehabilitation (CDCr) Secretary Scott Kernan and Governor Edmund G. Brown and demand CDCr:

Immediately release back into general population any of the four lead organizers still held in solitary

Return other Ashker class members to general population who have been placed in Ad Seg

Stop the retaliation against all Ashker class members and offer them meaningful rehabilitation opportunities

Contact Scott Kernan. He prefers mailed letters to 1515 S Street, Sacramento 95811. If you call 916-324-7308, press 0 for the Communications office. Email matthew.westbrook@cdcr.ca.gov and cc: scott.kernan@cdcr.ca.gov

Contact Governor Edmund G. Brown Jr., c/o State Capitol, Suite 1173, Sacramento, CA 95814; Phone: (916) 445-2841; Fax: (916) 558-3160; Email: https://govapps.gov.ca.gov/gov39mail/

As a result of the administrative reviews established after the second prisoner hunger strike in 2011 and the Ashker settlement of 2015, California’s SHU population has decreased from 3923 people in October 2012 to 537 in January 2018. Returning these four men and many other hunger strikers back to solitary in the form of Ad Seg represents an intentional effort to undermine the Agreement to End Hostilities and the settlement, and return to the lock ‘em up mentality of the 1980’s.

Sitawa writes: “What many of you on the outside may not know is the long sordid history of CDCr’s ISU [Institutional Services Unit]/ IGI [Institutional Gang Investigator]/Green Wall syndicate’s [organized groups of guards who act with impunity] pattern and practice, here and throughout its prison system, of retaliating, reprisals, intimidating, harassing, coercing, bad-jacketing [making false entries in prisoner files], setting prisoners up, planting evidence, fabricating and falsifying reports (i.e., state documents), excessive force upon unarmed prisoners, [and] stealing their personal property . . .”

CDCr officials are targeting the Ashker v. Governor class members to prevent them from being able to organize based on the Agreement to End Hostilities, and to obstruct their peaceful efforts to effect genuine changes – for rehabilitation, returning home, productively contributing to the improvement of their communities, and deterring recidivism.

Please help put a stop to this retaliation with impunity. Contact Kernan and Brown today:

Scott Kernan prefers mailed letters to 1515 S Street, Sacramento 95811. If you call 916-324-7308, press 0 for the Communications office. Email: matthew.westbrook@cdcr.ca.gov and cc: scott.kernan@cdcr.ca.gov

Governor Edmund G. Brown Jr., c/o State Capitol, Suite 1173, Sacramento, CA 95814; Phone: (916) 445-2841; Fax: (916) 558-3160; Email: https://govapps.gov.ca.gov/gov39mail/

Read statements from the reps:

  Joint Statement from the 4 – Don’t let CDCR reverse our Hunger Strike-won legal victory

•  Sitawa – Brutha Sitawa: CDCr and Soledad Prison retaliate with false reports to return me to solitary confinement

•  Arturo – Statement by Arturo Castellanos

•  Todd – We stand together so prisoners never have to go through the years of torture we did (with Open Letter to Gov. Brown, CA legislators and CDCR Secretary Kernan)
Download and PRINT this 1-Page Emergency Action Alert.

April 22: CRUEL AND UNUSUAL – THE STORY OF THE ANGOLA 3 Film Screening at Reel Work Labor Film Festival – with speakers Marie Levin and Dr. Craig Haney

REEL WORK LABOR FILM FESTIVAL presents
TOGETHER TO END SOLITARY

FREE  EVENT: Film, Discussion, and Reception with Refreshments
Sunday, April 22, 2018
2:00 – 5:30 PM
UCSC Media Theater (Performing Arts M110), 453 Kerr Rd, Santa Cruz, CA 95064

CRUEL AND UNUSUAL-THE STORY OF THE ANGOLA 3

The Angola 3 are three Black men who collectively spent 114 years in solitary confinement torture in the USA.  They were framed for organizing against injustice inside Angola Prison in Louisiana. The film documents their decades-long struggle for justice and to build a national and international movement to end solitary confinement.

After the film and discussion, all are invited to a reception with the speakers, and free refreshments by Riverview Farms Catering and Marie Levin’s MOMM’s Pastries.

*Please RSVP using this link so UCSC can plan accessibility, free parking, and food.
*Free parking in Performing Arts Lot 126
*ADA accessible: Wheelchair, Restrooms, Parking
*Doors open 1:30pm
*Call 510.426.5322 if you want to rideshare from the SF Bay Area.
*Download Event Flier HERE
*Facebook event: Cruel and Unusual-the Story of the Angola 3

 
 Speakers

https://lh3.googleusercontent.com/proxy/vRpwNyfAy6wJEymiU_hL39ws1ilWkIzqgL2lsQ7Z1nEKSgIRN4IrXCafzRjSxrWKIwodM-cIZIgx0VOsbOJ3cyEzAFxzvXVHeqgi4SsHgg=w5000-h5000Craig Haney, Ph.D. in Psychology, Juris Doctorate (JD), academic specialization: psychology and law. Expert witness in Angola 3’s lawsuit in Louisiana; Ashker v. Brown in California; January 17, 2018 Canadian ban on federal indefinite solitary confinement; and numerous lawsuits on behalf of incarcerated people. UCSC Distinguished Professor of Psychology; UC Presidential Chair, 2015-2018; Co-Director, UC Criminal Justice & Health Consortium.

 

Marie LevinMarie Levin, African American woman, organizer, and minister; California Families Against Solitary Confinement, Essie Justice Group, NLGSF Prisoner Advocacy Network, Prisoner Hunger Strike Solidarity Coalition; owner of MOMM’s Pastries, employer of formerly incarcerated people; sister of Sitawa Nantambu Jamaa, co-author of the Agreement to End Hostilities, and 1 of 4 Principle Negotiators for CA prisoners challenging conditions in California’s solitary units and general prison population.

Co-hosts: UC Santa Cruz Presidential Chair, California Families Against Solitary Confinement, End Solitary Santa Cruz County

Co-sponsors: ACLU-NC, Santa Cruz County Chapter; NAACP Santa Cruz County Branch #1071; Peace and Freedom Party Santa Cruz County; Santa Cruz Barrios Unidos; Santa Cruz County Community Coalition to Overcome Racism (SCCCCOR); Temple Beth El, Aptos; UC Santa Cruz Legal Studies Program; Veterans for Peace, Santa Cruz; Watsonville Brown Berets

Reel Work Labor Film Festival – Full schedule of events at reelwork.org

To Prisoner Class Supporters from Todd Ashker (w/proposed Open Letter to Gov. Brown)

To Whom It May Concern,
To Prisoner Class Supporters
Prisoner Hunger Strike Solidarity Coalition
California Families Against Solitary Confinement
and Public, etc.

From Todd Ashker
C58191 KVSP – ASU- 2/194
Box 5106
Delano, CA 93216

December 5, 2017

This is a follow-up to our October 2017, Prisoner Class Human Rights Movement, “Statement of Prisoner Representatives on Second Anniversary of Ashker v. Brown Settlement.”

In our collective October 2017 “Statement,” we stressed the importance that “…prisoners and our families will have to re-energize the human rights movement, to fight against the continuing violations of our rights.” … reminding all involved, “We must stand together, not only for ourselves, but for future generations of prisoners, so that they don’t have to go through the years of torture that we had to.”

With this in mind, I am sharing a copy of my proposed “Open Letter to Governor Brown, Legislators, and CDCR Secretary Kernan, RE: Attention to Ongoing Human Rights Violations and Related Lack of Reparative Action Necessary To Begin Making Amends for 3+ Decades of Systematically Intentional, State-Sanctioned Torture” …with the hope of helping to re-energize our movement, by gaining wide-spread support for the position/s presented in the “Open Letter.”

As many are aware, our current collective movement began in the bowels of Pelican Bay State Prison – SHU – Short Corridor, wherein prisoners of all races and various geographical areas, became openly conscious of what we had in common- rather than what was different (divisive); we recognized we’d all been subjected to the same adversary’s boots on our necks, all members of a prisoner class subjected to decades of solitary confinement torture.

We became aware of the fact that those of us serving “term-to-life” sentences, were all akin to the living dead, our existence being that of a mind numbing, spirit destroying, endless nightmare. I believe coming together in the “short corridor” wherein we witnessed the toll of our slow decay- together with the prisoncrats progressively punitive, oppressive provocations- was one cause of our awakening, leading to us coming together as the “PBSP – SHU, Short Corridor Collective.”

Our struggle was focused on ending long-term solitary confinement [and improvements to conditions therein]. We stood up together and collectively.  We educated our loved ones and general public about what had been in society’s shadow for far too long. We publicly “drew the line” and said, “No More!”

As a committed collective of fellow human beings (a large majority hailing from working class, poor communities) we lead our struggle — from behind the walls – putting our lives in the balance… at that point, our lives being all we had… We demanded an end to our torture, based on our inherent right – as human beings – to humane treatment, inclusive of dignity and respect for ourselves, our loved ones, and the unfortunate generations to follow.

Notably, our collective membership had been the subject of the states’ decades-long ‘war against the working-class poor, tough-on-crime’ (focused and applied mainly upon the poor), politicized, vilified, and branded as “The Worst of The Worst” in order to justify our subjection to endless torture (lasting more than 30 years)!

In this climate, we came together and utilized non-violent, peaceful protest action, mass hunger strikes and work stoppages, which, together with the support of our awakened loved ones, and countless other people of conscience outside the walls (while all along, suffering with us), exposed our plight to the world community.

In 2012, we introduced our collective “Agreement to End Race-Based Hostilities,” making clear our united intent to no longer be the source of our mutual adversary’s manipulation tactics – centered on keeping us divided and violent towards one another, (thereby used to justify our adversaries agenda – supermax, indefinite warehousing); and thereby demonstrating our humanity in the face of the provocations of our oppressive torturers. We pointed out the fact that, in the absence of race-based violence, our mutual adversary/s would be forced to end their policy of warehousing us in the small cells indefinitely, and open the prisons up for meaningful programming and privileges- beneficial to the prisoner class.

I mention the above points as important reminders of the fact that the main basis for the success we’ve achieved to date has been Our Collective Unity Inside and Outside the prison walls, making strategic use of combined litigation, and peaceful activism- action tools, which, together with our related collective belief in and commitment to Our Cause, is a great example of “The Power Of The People.”

It’s also true that with the progress comes responsibility; we must be vigilant with respect to maintaining, and crucially building on our achievements. The responsibility is ours for doing so. “The novelist Aldous Huxley once said: ‘Liberties are not given; they are taken.’ We are not given our liberties by the Bill of Rights, certainly not by the government which either violates or ignores those rights.  We take our rights, as thinking, acting citizens.” [quoting from Howard Zinn’s The Zinn Reader – Writings On Disobedience & Democracy (1997) at p. 418]

Our adversaries are constantly resisting any change beneficial to the prisoner class! History demonstrates the importance of our need to stand together collectively, and refuse to allow those in power (at the will of the People) to halt our progressive movements’ demands for human rights and real justice, because, historically, every class action, civil-suit ‘victory’ for the prisoner class in California has been manipulated by prisoncrats to the ultimate detriment of those that such ‘victory’ was intended to benefit. It’s a non-stop battle!

What I greatly appreciate, and respect, about our Prisoner Class Human Rights Movement, is what I hope is our part in society’s evolutionary leap in collective human consciousness. Standout examples of this for me, go back to the Arab Spring (2010, I believe), followed by the August 2010 massive Georgia Prison, system-wide work strike, and the January 2011 Hunger Strike at Ohio State Prison.

Reflecting on the above, as well as our historic, collective group mass hunger strike protests across the California system, of 2011-2013, brings to mind an often quoted phrase (as a sort of benchmark of what’s wrong with society) that of Fyodor Dostoyevsky, reflecting on his own incarceration, famously said, “The degree of civilization in a society can be judged by entering its prisons.” Our collective coming together in the context of having been demonized – tortured over 3 decades – composed of working class poor, facing extreme adversity for a powerful, well-funded adversary… toppled (to an extent- losing their supermax jewel, PBSP SHU) by our peaceful protests, and related Global Condemnation (and litigation), epitomizes a great side of our society! I hope it’s an example of a growing social revolutionary process.

Related to the above, and to our common struggle in general, I want to share a few excerpts from The Zinn Reader, a bit of food-for-thought.

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REPORTBACK from Feb 8th Rally, Press Conference, and Court Solidarity To End Sleep Deprivation (w/ Photos & Video)

Court Update: Judge Challenges CDCR’s Use of Solitary Confinement and Sleep Deprivation
Two lawsuits against CDCR for depriving prisoners of sleep are transferred to Coleman v Brown judge

On Feb 8, 2018, Northern District Judge Vince Chhabria held a hearing on a motion by the California Department of Corrections and Rehabilitation (CDCR) to dismiss civil rights lawsuits brought by two prisoners, Christopher Lipsey and Maher Suarez, who are suing CDCR for violation of their 8th amendment rights against cruel and unusual punishment. Specifically, they have brought their lawsuits to put an end to the sleep deprivation of prisoners caused by “security/welfare checks.” Prison guards conduct these checks in solitary confinement units throughout the state every 30 minutes, 24 hours a day. Prisoners report that the checks are loud, disruptive, and abusive.

Judge Chhabria was critical of CDCR and began Thursday’s hearing by saying he thought California was getting rid of solitary confinement. He then questioned why the plaintiffs are being held in isolation. Judge Chhabria showed no indication that he would dismiss the cases or that he thought dismissal was appropriate. He also asked CDCR attorneys if it seems to them to be a “very serious problem” for people in solitary, already under extreme psychological stress and some with mental illness, to be woken up every half hour at night.

Because the “security/welfare checks” result from a stipulated order in Coleman v Governor of CA- a case in the Eastern District Courts- on Friday, February 9, Judge Chhabria, as he indicated he would do at Thursday’s hearing, transferred the cases to be heard by Judge Mueller.  Judge Mueller oversees the Coleman consent decree, which mandates adequate mental healthcare for prisoners.

This makes three civil rights cases brought by prisoners regarding harm from the “security/welfare checks” that have been transferred to the Eastern District. On Thursday, Judge Chhabria questioned the state’s contradictory positions in those cases; in some motions, the state claims the “checks” cannot be challenged by prisoners because they were decided on in Coleman, and other times the state argues that the cases should not be decided by the Coleman Judge. Attorneys from McKool Smith Hennigan, representing Lipsey and Suarez, wrote “Inmate Plaintiffs are harmed by Defendants’ inconsistency, because it allows Defendants to claim that no judge is ever the right judge to hear these cases.”

Around 40 community members and advocates with the Prisoner Hunger Strike Solidarity Coalition held a press conference and rally on Thursday, February 8 in front of the Federal Building in support of the prisoners’ cases. One person suffering from the checks said in a letter to a Coleman official: “I ask you to listen to the voices of us prisoners and call for the immediate cessation of these “welfare/security” checks that don’t check on anything, but which make our lives a living hell.”

The Prisoner Hunger Strike Solidarity Coalition asks you to help end the sleep deprivation by joining the prisoners’ call to end the checks.

If you know someone in solitary in a CA prison (Ad-Seg/ASU, SHU, PSU, or Condemned Units/death row), please print and send this survey to them.  They can write the PHSS Committee to End Sleep Deprivation and send their survey responses to us, also.

Here is an 8 ½ minute VIDEO of highlights from the Rally: https://www.youtube.com/watch?v=6GeAV8MzHlM&feature=youtu.be. Please see the FLIER and PHOTOS below from the February 8, 2018 Rally, Press Conference, and Court Solidarity for prisoners challenging the sleep deprivation.

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CALL TO ACTION from PHSS Committee to End Sleep Deprivation – THURS. FEB 8, 2018

Thurs. Feb 8, 2018

9:00am: RALLY & PRESS CONFERENCE outside the Courthouse

10:00am: COURTROOM SOLIDARITY (Crtrm 2, 17th Floor) with the prisoners who brought these cases

Federal Building & U.S. Courthouse
450 Golden Gate Ave. San Francisco, CA 94102

3:14-cv-02767-VC – Lipsey v. Norum et al
3:15-cv-05756-VC – Suarez v. Beard et al

On Feb 8, 2018, in the Federal Courthouse in San Francisco, the California Department of Corrections and rehabilitation (CDCr) will argue for the court to dismiss civil rights cases brought by Christopher Lipsey and Maher Suarez, who are imprisoned in California. The men’s cases challenge the constitutionality of the loud “security/welfare checks” that are done every 30 minutes in CA solitary units, causing serious sleep deprivation and other harms for the people in those units, and, as the lawsuits claim, constitute cruel and unusual punishment. (The guards do no checking on top of that). The lawyers for Christopher and Maher will argue that the case against CDCr administrators, guards, and wardens, must move forward. (HERE is a link to Christopher and Maher’s Opposition to CDCR’s motions to dismiss)

We are mobilizing support for the prisoners’ cases. Please be in the courtroom on Feb 8, and also outside, before court, for a Rally and Press Conference.

2-sleep dep CA prisons-POSTER

artwork by R.T. 2016

We have received many letters over the past two+ years from people in 14 different CA prisons describing the loud, disruptive “checks,” every 30 minutes/24 hours a day (now every 60 minutes at night in Pelican Bay SHU), and the mental and physical health problems the “checks” are causing or exacerbating. The courthouse is one place where we can amplify the voices of prisoners, expose the torture of the “checks” to society at large, and apply pressure for the “checks” to cease.

Christopher Lipsey started his case in 2014. He has been enduring the “checks” for over 3 years.

Let’s come together at the SF Federal Courthouse on Feb 8th in strong solidarity with all those who are suffering from the “checks,” and who cannot be in the courtroom or outside rallying and speaking about their experience. Let’s make a powerful showing against torture at the SF Federal Courthouse!

Our Committee has a number of purple t-shirts which will be available to wear at the rally and in the courthouse to show our solidarity with the prisoners. Please wear purple if possible!

Read more about the so-called “security/welfare “checks” at the Sleep Deprivation tab on the Prisoner Hunger Strike Solidarity Coalition’s website.

Recent article: The Policy of the Cruel and Absurd: Sleep Deprivation in California’s Prisons

If you have questions or want to give or get a ride to the SF Courthouse, please call or text Verbena at 707.267.4757.

Note: You must show ID and go through a metal detector to get inside the Federal Bldg./Courthouse.

See you on Thursday in San Francisco!

Support Operation PUSH Prisoner Strike throughout Florida prison system, initiated on MLK Day

The Prisoner Hunger Strike Solidarity Coalition stands in solidarity with the Florida Prison Strikers.

Stay informed and updated with links below. Please help amplify the striking prisoners’ voices.

These are the strikers’ demands (in their words):
1. Payment for our labor, rather than the current slave arrangement
2. Ending outrageous canteen prices
3. Reintroducing parole incentives to lifers and those with Buck Rogers dates

Along with these primary demands, we are also expressing our support for the following goals:

• Stop the overcrowding and acts of brutality committed by officers throughout FDOC which have resulted in the highest death rates in prison history.
• Expose the environmental conditions we face, like extreme temperatures, mold, contaminated water, and being placed next to toxic sites such as landfills, military bases and phosphate mines (including a proposed mine which would surround the Reception and Medical Center prison in Lake Butler).
• Honor the moratorium on state executions, as a court-ordered the state to do, without the legal loophole now being used to kill prisoners on death row.
• Restore voting rights as a basic human right to all, not a privilege, regardless of criminal convictions.

gainesvillemlkbanner

Supporters of Operation PUSH march in solidarity with prisoners on Martin Luther King, Jr’s birthday, Gainesville, FL, Jan 15, 2018. (Photo from Fighting Toxic Prisons)

Florida Prisoners Are Laying It Down
with a work stoppage, an economic protest

Prisoners’ Statement: FL Prisoners Call for Operation PUSH to Improve the Lives of Incarcerated People and the Communities We Come From (with intro from Campaign to Fight Toxic Prisons) https://fighttoxicprisons.wordpress.com/2017/12/06/fl-prisoners-announce-operation-push-starting-jan-15-to-cripple-prison-system/

Great Audio Interview: Oakland IWOC speaking on Operation PUSH on KPFA with Cat Brooks Jan 23, 2018 https://soundcloud.com/oakland-iwoc/oakland-iwoc-speaking-on-operation-push-on-kpfa-upfront-with-cat-brooks

Jan 19, 2018 Update on Operation PUSH (originally posted on SPARC) https://fighttoxicprisons.wordpress.com/2018/01/20/updates-on-operation-push-in-the-florida-department-of-corrections/

Are Florida prisons suppressing an inmate strike or just lying about it?
https://www.washingtonpost.com/news/made-by-history/wp/2018/01/24/are-florida-prisons-suppressing-an-inmate-strike-or-just-lying-about-it/?utm_term=.8b74c32b7067

Florida Officials Deny Operation PUSH Is Ongoing, Even As They Retaliate Against Prisoners https://shadowproof.com/2018/01/25/operation-push-update/

Please stay updated through these sites:

rashid-2013-self-portrait1

Recent Call to Action! Demand Florida DOC Stop Torturing Rashid Johnson

Kevin “Rashid” Johnson (#158039) wrote an article about the Florida prison strike, “Florida Prisoners Are Laying it Down” which was published online on January 9, 2018. The following day warden Barry Reddish retaliated against Rashid’s use of his First Amendment rights, ordering that he be given a disciplinary infraction for “inciting a riot”. Further, on January 19th Rashid was thrown in a cold cell, with a broken toilet, no heating, and with a window that will not fully close, allowing cold wind to blow into the cell. The cell has the same temperature as the outside, where temperatures have been repeatedly at or below freezing.  Kevin “Rashid” Johnson was not allowed communication with his attorney or anyone on the outside for 6 days.

UPDATE: People made many calls to the warden in the prison where Rashid is being held.

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Parole After SHU materials

Lifer Parole Packet (pdf)
Compiled by Legal Services for Prisoners with Children. This guide is a compilation of resources from UnCommon Law, Life Support Alliance, & the Prisoner Hunger Strike Solidarity Coalition to help Lifers navigate the parole process, including the psychological evaluations.

Webinar: Parole After SHU
There are two videos, one is a training for parole attorneys and family advocates, and the second is a community presentation specifically for people with family members currently in or recently released from SHU to General Population. There are also links at the bottom of the page with related materials.

Transcript (Part 1) from Oct 7, 2017 Parole After SHU Seminar (pdf)

Rethinking Parole for Long-term SHU Prisoners (pdf)

Alternative Ways to Approach the Debriefing Issue (pdf)

Tips from Hearings (pdf)

Psychological Effects of Long Term SHU (pdf)

Some Reflections on the Effects of Long Term SHU: Imprisoned Responses to Reading Excerpts from Dr. Terry Kupers’ Report (pdf)

Policy of the Cruel and Absurd: Sleep Deprivation in California’s Prisons

By Charlie Hinton, Verbena Lea, and Willow Katz

In prison isolation units throughout California, guards wake prisoners up every 30 minutes under the guise of suicide prevention. These “security/welfare checks” cause ongoing sleep deprivation. The United Nations and many sleep and mental health experts have long defined sleep deprivation as a form of torture, and sleep deprivation often is used as a torture technique for prisoners of war. So California tortures its prisoners to prevent them from killing themselves.

Dr. Jamie Zeitzer, Ph.D., an expert in sleep and circadian rhythms, concluded in a 2015 report:

“The current practice of 30 minute … checks of inmates housed in the [Security Housing Units] is likely a cause of severe sleep disruption … The mandated purpose of these … checks (i.e. suicide prevention) is, in fact, likely to have the opposite effect and inadvertently increase suicidality in these individuals … There have been no direct studies of intentionally waking an individual every thirty minutes every night for days, weeks, or months, as doing so would be considered highly unethical in a research environment.”

Yet this is the reality for people housed in California’s Security Housing Units (SHUs), Administrative Segregation Units (Ad-Segs/ASUs), Condemned Units (death row) and Psychiatric Services Units (PSUs). In these solitary confinement cells, prisoners are kept alone 24 hours a day with no direct contact with other people — except guards. Known effects of such isolation include suicidal thoughts and behavior, yet the California Department of Corrections and Rehabilitation (CDCR) fails to provide adequate, if any, mental or physical health services. Instead, it keeps people locked up in brutally oppressive conditions, and jars them awake every 30 minutes, purportedly to see if they’ve committed suicide.

artwork by R.T. 2016

CDCR does not even acknowledge that prolonged isolation is torture and psychologically harmful. They use the “checks” as a blanket practice, whether or not prisoners are suicidal and despite the fact that sleep deprivation increases the risk of suicide. In CCWF death row, where the checks began in May 2014, there has not been a suicide since 1991 [pg 6 in link]; in Pelican Bay SHU where the checks began in August 2015, there has been one suicide in 13 years. Prisoners point out these histories as they question the purpose of the “checks.” These “checks” only exacerbate CDCR’s abuse of prisoners and historic refusal to compassionately treat prisoners dealing with serious mental health issues, including suicide.

“CO’s can save lives by talking to potentially suicidal inmates…”1 Good interpersonal communication skills by guards are consistently recommended to prevent suicides in prison, but such skills are rare in CA prisons. Admitting suicidal feelings to prison staff will, ironically, subject prisoners to the brutality of “suicide watch.” Prisoners report that guards use the “security/welfare checks” to be as loud and disturbing as possible.

Paradoxically, these so-called “security/welfare checks” come as the result of a settlement, theoretically a victory to improve the conditions of prisoners, in a federal class-action lawsuit, Coleman v. Governor of CA. The Coleman court determined that California prison officials did not provide adequate mental health care, thus violating prisoners’ Eighth Amendment protection from cruel and unusual punishment.

The judge appointed Matthew Lopes as Special Master to oversee CDCR’s implementation of Coleman reforms for 35,000 prisoners with serious mental illness, and Lopes brought in “suicide expert” Lindsay Hayes as a consultant. Just prior to becoming the “suicide expert” under the Coleman Special Master, Hayes worked as a consultant for the defendant — the California Department of Corrections and Rehabilitation itself. Hayes endorses the 30-minute checks.

Even as he receives letters from prisoners suffering from the checks and those who support the prisoners from the outside, he has not responded, or, to our knowledge, recommended a change.
The California State Auditor recently released a report on suicides in CA prisons commissioned by the Joint Audit Committee of the CA legislature (http://tinyurl.com/yca9tvf5.) While the report concludes that “It [CDCR] Must Increase Its Efforts to Prevent and Respond to Inmate Suicides,” it does not address prison conditions – like brutal and racist guards and administration, solitary confinement, and the horrific “suicide watch,” when prisoners considered suicidal are “allowed only a no-tear smock or gown, a safety mattress, and a no-tear blanket. All furniture is removed, [and] staff must provide continuous, direct visual observation as well as nursing checks every 15 minutes,” instead of any kind of humane and compassionate care.

A representative from the Auditor’s office had contacted our committee for input. We provided written descriptions of the “security/welfare checks”, documentation from prisoners in 13 prisons describing the checks as torture and explaining the harm to their mental and physical health, and material opposing the checks from 3 sleep experts and the American Public Health Association. Nevertheless, the audit completely ignored the input of our committee and all “advocacy groups,” and apparently the auditor did not seek any input at all from prisoners. The report has little mention of the “security/welfare checks,” except to say 2 of the 4 prisons the Auditor examined “did not conduct these checks as required.” The report refers frequently, however, to the “suicide expert,” and calls for his recommendations to be implemented, clearly indicating support for the “security/welfare checks”.

Other experts, however, have recommended the checks be halted:

“Repeated intrusions, especially to nightly sleep, lead to a variety of negative physical, cognitive and emotional consequences, adding to the already well-documented harms of solitary confinement.… There are other strategies for suicide prevention that can be pursued in prison contexts that do not result in the suffering caused by th[is] approach …” — Jail and Prison Health Committee, American Public Health Association

“This level of [interrupted] sleep has been shown to have profound effects on cognitive performance, memory, mood, immune function, pain sensitivity, metabolism, and other parameters.… Importantly these effects accumulate across time. Thus as these checks are done nightly their negative effects will become greater across time … There is much research on disturbed sleep in Intensive Care Units in hospitals. Checking on patients for their safety has resulted in many ill effects. Today there are many initiatives to overcome the negative effects of this safety monitoring.”Dr. Thomas Roth, PhD Chief, Sleep Disorders and Research Center, Henry Ford Hospital

“A recent series of studies in Veterans has further pointed to the strong connection between suicidality and sleep, so much so that treatment of sleep problems in Veterans is considered part of the first line of treatment in reducing the risk of suicides.” — Dr. Jamie Zeitzer, PhD. Stanford University and the VA Palo Alto Health Care System

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