Folsom ASU Media Release
On May 25, 2017 prisoners in Folsom State Prison B4 ASU (Administrative Segregation Unit) in Represa, CA have started a hunger strike to peacefully protest the conditions of their confinement in the administrative segregation unit. Prisoners have exhausted all reasonable remedies, to no avail. Further, prisoners have attempted to open lines of communication with administrative officials and met with only resistance and silence.
Folsom ASU is like stepping back in time to the era when prison officials blanketed the injustice imposed on its solitary confined prisoners and bluntly turned a blind eye to mistreatment and the stripping away of basic human dignity and elements. As CDCR made drastic changes throughout its prisons to put prisoners on roads of rehabilitation and more humane living conditions, Folsom officials reject the ideals and continue the injustice of the past.
To those reading who may find it hard to believe, just a few years ago many will recall this same fight took place within the SHU (Security Housing Unit). The direction, message, and programs CDCR implemented for long term isolation to rehabilitate is ignored, shut out, and rejected here in Folsom ASU.
Some might assume the impact of the struggle men endured within the SHU to gain fair, dignified living conditions would have a long-lasting effect, yet, men stand again, just as unified, ready to sacrifice their bodies, health, and life to achieve what has already been hard fought for and accomplished. Why must California prisoners continue to sacrifice health and life, involve lawyers and courts, in order to be treated like human beings? We will continue to remind CDCR officials they will be held accountable for this type of treatment.
Prisoners in B4 ASU are forced to sit or stand idle in their cells or yard cages without meaningful exercise, education, or rehabilitative programs. We are already forced to endure atypical and significant hardships due to being in segregated housing and solitary confinement. When taken together, these conditions constitute cruel and unusual punishment under the U.S. Constitution.
We are being deprived of basic human needs, including normal human contact, environmental and sensory stimulation, mental and physical health, entertainment, physical exercise, sleep, access to courts, and meaningful activity. Prolonged exposure to these deprivations has caused and will cause serious physical and psychological harm.
FSP (Folsom State Prison) is deliberately indifferent to prisoners suffering. They are aware that prolonged social isolation, and lack of environmental stimuli cause “serious psychological pain and suffering and permanent psychological pain and suffering, and permanent psychological and physical injury.”
CDCR is aware (Madrid-Ashker-Coleman) that the conditions of extreme isolation will likely inflict some degree of psychological trauma. These injuries include chronic insomnia, severe concentration and memory problems, anxiety and other ailments. This is why all SHUs and most ASUs within CDCR have provided prisoners with the opportunity to have TVs, pull up bars, education, and social and rehabilitative programs.
However, FSP continues to claim lack of money as an excuse to not fall in line with CDCR’s stated goals, and are content to ignore the suffering of men in its care. We continue to be confined alone in our cells with only misery for company.
Unfortunately our voice in here can be drowned out by administration, but those out there can help by making their voice heard in concern with our treatment. We urge you to call and email all officials and ask questions on the conditions here, and make sure procedures are met for those hunger striking.
To support the strikers, contact the following officials:
- Folsom Prison Warden Ron Rackley: 916- 985-2561 email@example.com
- Chief Deputy Inspector General Roy Wesley: 916-255-1102
- Ombudsman Sara L. Smith (the person who is supposed to check on welfare, investigate complaints, etc.): 916-324-5458 firstname.lastname@example.org
- CDCR Secretary Scott Kernan: email@example.com
- CDCR Undersecretary Ralph M. Diaz: firstname.lastname@example.org
- Governor Jerry Brown: 916-445-2481
- Chief Officer of the Ombudsman Sara Malone: 916-327-8467 email@example.com
- Folsom Prison Public Information Officer Jack Huey: 916-985-2561 firstname.lastname@example.org
Constitutional Violations And Significant Hardships We Are Forced To Endure In Folsom State Prison, Administrative Segregation Unit (ASU), Building 4
Within ASU Building 4 at Old Folsom State Prison (FSP), the majority of prisoners being housed here are CSP-Sacramento, High Desert and SATF prisoners. These same prisoners are all awaiting court proceedings and/or district attorney referrals; therefore, all 115 disciplinary reports against them cannot and have not been heard to receive findings of “guilty” to receive a disciplinary action.
This is important to note, because ICC (Institutional Classification Committee) still imposes a “Projected MERD” (Minimum Eligible Release Date) based on the initial 115 report, as if found guilty for the offense, violating due process of hearing and evidence. With the projected MERD imposed, prisoners still cannot be deemed “SHU” term or be transferred to “SHU housing” because the 115 report is pending district attorney rejection or conclusion of court proceedings.
This forces prisoners to remain housed in ASU for long term confinement of anywhere from a year to 14 months depending on the offense. This leads to prisoners sitting idle, in forced single cell. The following demands are in line with fair and dignified treatment of a human being:
1. PROVIDE ADEQUATE ACCESS TO COURTS AND LEGAL ASSISTANCE
Denial of adequate access to courts and legal assistance: The “law cage” is inadequate for prisoners who are illiterate, non-English speaking and/or undereducated. Many of the men here are facing serious charges that carry life sentences and even the most educated could not mount a proper defense or do legal research on their own. Access to properly trained legal assistance that a law library provides is in line with Lewis v. Casey et al (1996) No. 94-1511. Currently, there is no access to legal forms, copies or printing. It has been long established the “paging” system is in violation.
2. PROVIDE MEANINGFUL EDUCATION, SELF-HELP COURSES AND REHABILITATIVE PROGRAMS
Denial and/or lack of meaningful education, self-help courses and rehabilitative programs: Wright v. Rushen, 642 F2d 1129 (9th Cir. 1981), held FSP shall provide its ASU prisoners with education and rehabilitative programs. ASU prisoners are not afforded GED programs, and the high school diploma program is split between the entire facility and ranch plus ASU. Therefore, we are placed in a hard spot; ASU prisoners are neither first nor second priority, leaving no educational opportunities.
The college program is nonexistent at best, to add to the problem, those previously enrolled are forced to drop classes due to no TVs for video assignments, preventing them from acquiring degrees. FSP provides absolutely no self-help courses or counseling in anger management, behavior management etc. FSP provides absolutely no substance abuse counseling or programs, such as N.A. or A.A.
3. ALLOW POSSESSION OF TELEVISIONS
Denial of TVs: FSP has flat out lied on the ability to provide the necessary electrical outlets to allow the possession of a TV. Instead of fixing this issue years ago, FSP continues to cover up the fact the funds allocated (Inmate Welfare Funds) are spent leisurely on non-inmate stuff. Per Title 15, §3190(3), ASU prisoners are allowed the choice of a TV or radio.
Prisoners are forced to choose a radio due to FSP’s unwillingness to provide outlets. With no programs, education or meaningful time out of cell, the sensory deprivation, sitting idle, causes prisoners to lose their minds, forcing prisoners to harm themselves in order to get mental health care, which provides TVs per Farmer v. Brennan, 511 U.S. ____(1994) “[O]ne does not have to await the consummation of threatened injury to obtain preventive relief.”
FSP’s attitude of “make us,” “we’re exempt,” is in violation and promotes prisoners to harm themselves to get a TV. Examine FSP record of prisoners needing mental health care while housed in ASU.
4. PROVIDE EXERCISE EQUIPMENT, INCLUDING PULL-UP BARS, FOR MEANINGFUL EXERCISE IN YARD
Denial of exercise equipment, including pull-up bars: CDCR began installing pull-up bars in all SHUs and ASUs throughout CDC prisons. FSP is one of the last if not the last ASU to install pull-up bars.
This was done so men can receive meaningful exercise in the small dog kennel type cages used as yards. With no ability to run around and exercise our legs, prisoners are left to sit idle for hours. CDCR agreed the pull-up bars were meaningful equipment. The permanent injunction in Toussaint v. McCarthy, 597 F. Supp. 1388 9N.D. Cal 1984) covers FSP, saying ASU prisoners shall be provided meaningful exercise. FSP has the necessary vocational jobs and classes to install the bars and build the equipment at minimum to no cost.
5. END CRUELTY, NOISE AND SLEEP DEPRIVATION OF WELFARE CHECKS
Sleep deprivation from welfare checks: Correctional officers (COs) on first watch create excessive noise with keys while walking every half hour; mixed with uncourteous loud metal on metal contact, it creates unnecessary cruelty and punishment. A CO’s equipment and keys can be properly secured on their person to prevent the excessive noise, yet when asked for courtesy, the noise is made extreme as a retaliation, thus waking prisoners every half hour the entire night.
6. KEEP ORIGINAL PROPER PACKAGING FOR COMMISSARY AND CANTEEN
Commissary and canteen: All items are repackaged into TRASH BAGS! This is forcing prisoners to use toothpaste out of trash bags. Deodorant that is gel is repackaged to trash bags, which causes the deodorant to evaporate and lose its purpose to keep the funk away. Coffee jars are repackaged to trash bags which causes coffee to go stale and harden. This is an irrational practice with no real security or safety reason, as proven by the fact that all packaging in canteen and quarterly packages is allowed within the SHU.
7. GIVE NON-DISCIPLINARY STATUS TO QUALIFYING PRISONERS
Denial of NDS (Non Disciplinary Status) to qualifying prisoners: Title 15 Article 7 Segregation Housing §3335 (A)(1) outlines and stipulates criteria for NDS. FSP’s warden is denying this status based on an underground memo of criteria not approved by the APA. FSP’s warden is attempting to extort information out of prisoners in order to receive NDS after being placed in ASU for “non-disciplinary” reasons.
FSP’s warden is attempting to force prisoners to cooperate with institutional investigations, violating a prisoner’s right to invoke the Fifth Amendment.
8. PROVIDE ADEQUATE AND APPROPRIATE CLOTHING AND SHOES
Denial of personal clothing and shoes: Prisoners are forced to walk around in their boxer underwear and state-issued T-shirt, which are normally extremely used and too large or too small. Prisoners are moved around the prison like this and remain all day like this.
Prisoners are provided one jumpsuit that is always over-sized, with no ability to wash or exchange it. In the cold winter months, prisoners are denied warm clothing or beanies to prevent sickness while out on yard.
During the summer, the warmer months, prisoners are denied appropriate clothing to cover up and still maintain coolness. It is a decency factor of allowing prisoners clothing and properly fitted shoes to remain dignified and in touch with the civilized world. There is no reasonable security issue or factors to deny a person decency.
9. PROVIDE FOOD BOWL AND CUP
Denial of a food bowl or cup: FSP is forcing its ASU prisoners to eat out of recycled (“washed”) trash bags, old zip lock bags and milk cartons and to drink from a 3 ounce “rubbery” reused cup. See Estelle v. Gamble, 424 U.S. 97 (1976). This treatment is unnecessary cruelty and punishment and violates prisoners’ Eighth Amendment rights. The amendment embodies “broad and idealistic concepts of dignity, civilized standards, humanity and decency.”