Lost in time: Lift up our brother Sitawa and strike down indefinite incarceration

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Sitawa Nantambu Jamaa in July 2018

This article was first published Nov 19, 2019 in the SF Bay View newspaper.

by Mutope Duguma

It’s always hard to stomach news that is disheartening. To hear that a brother and comrade has suffered a stroke after spending countless years in solitary confinement, as well as being held on an indefinite sentence for an alleged crime he did not commit, is even more disheartening.

I need not stress the sorrow that is felt amongst the whole prison population for our brother Sitawa Nantambu Jamaa, who, along with countless fearless prisoners, pioneered our Prison Human Rights Movement (PHRM) to the world’s stage. We continue to see men and women incarcerated far too long – beyond anyone’s imagination – and continue to be held indefinitely.

Our beloved brother Sitawa is amongst this class of men and women. The inhumane treatment of prisoners must end.

200 + Rally to support prisoner hunger strike

A large rally that garnered support from outside and 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.

Our brother Sitawa and many others have suffered enough and should not continue to do so based on being given a life sentence that equals a civil death. Prior to 1968, under original Penal Code Section 2600, California prisoners suffered complete civil death, which means prisoners were stripped of all civil rights.

The prison system is actually covertly executing all of its lifers. The United States is the only country in the whole world that incarcerates people indefinitely – forcing them to spend the rest of their lives in prison. Men and women have been incarcerated for 35 years or more.

Many of these people are lost in time. They came to prison as youth in their teens and early 20s in the ‘60s, ‘70s and ‘80s. Yes, many of them were immature, many had no real direction, but they all became adults in the Amerikan prison system.

At present these prisoners, Baby Boomers, most of whom have survived decades of incarceration, are now between the ages of 60 and 80. Many of these senior citizens are wheelchair-bound or use assistive devices such as walking canes.

Like most seniors, many are on special medications, require special medical therapy for seniors, and suffer from aging illnesses of various sorts. I hear some say that a few manage to get around good at 70 years young.

Many say, yes, they should be in prison, and that may be true in some cases. Given the things they did in society, the way they carried themselves in the youth of their lives was utterly wrong and disrespectful, but that was decades ago when they were young! Decades!

They are now older, mature, grown, senior adults, who have fulfilled all requirements from various parole boards around the U.S. Multiple prisoners have complied with all laws, rules and regulations of the prison and carried themselves as role model human beings and in many cases have done so for decades.

Sitawa and Marie

Sitawa is able to embrace his sister after decades of seeing her only though thick glass. 2016 photo of their first hug in 31 years. His sister, Marie Levin, rose during the terrifying hunger strikes to lead the fight by outside family and supporters to end solitary confinement and other atrocious prison practices.

Still, many of them are forced to remain in prison when the maximum amount of time on their sentence has long since expired. This is terrible and extremely cruel to force rehabilitated human beings to remain in bondage and especially when statistics clearly show that 90 percent of them are not returning to prison once released.

Sadly, 89 percent of prisoners across the US are Black and Mexican. From 1619 through the 1800s, the chattel slavery plantation concept lurks in the shadows like the Wizard of Oz.

This “behind the scenes” type strategy involves money laundering exclusively into white rural areas under the Prison Industrial Slave Complex (PISC). (That’s where prisons were built during the height of mass incarceration, in small rural communities that had lost their economic base, where people were so desperate for jobs, they were willing to work in a prison. These were white communities with deep prejudice toward Blacks. – SF Bay View ed.)

Many of us may very well die in these man-made tombs. It should be stipulated that these deaths are in clear violation of the Eighth Amendment of the US Constitution, which prohibits cruel and unusual punishment.

The suffering is indefinite where there exists no end to the punishment. Many have died, and many will continue to die where there is no remedy to resolve the cruel and unusual treatment of prisoners.

We must resist to end this cruel and unusual treatment of human beings and encourage our brother Sitawa, who is fighting for his life. We will fight for his freedom and the freedom of the thousands of men and women lost in time.

One Love, One Struggle,

Mutope Duguma

Mutope had the joy of hugging his brother Anthony in this photo taken March 19, 2016.

Send our brother some love and light: James Crawford (Mutope Duguma), D-05996, LAC B5-141, P.O. Box 4490, Lancaster CA 93539.

 


Sitawa is recovering from a major stroke. Send him some love and light through this address: Freedom Outreach, Attn: Sitawa Nantambu Jamaa, Fruitvale Station, P.O. Box 7359, Oakland CA 94601

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11/9 Vigil for Vickie Lee Hammonds – No More Preventable Deaths at CIW Prison!

Please come out to support the families & friends who have lost loved ones to the abuse & neglect at the California Institute for Women (CIW) prison in Chino, CA.

Facebook event: https://www.facebook.com/events/523482625142414/

Vickie Lee Hammonds

Join us at a vigil for Vickie Lee Hammonds who died at the California Institution for Women (CIW) in June 2019.  March with Vickie’s family alongside others who have lost loved ones to state-sponsored death at CIW.

Demand that the State of California, the Corrections Department (CDCR) & CIW be held responsible for the ongoing abuse, neglect, and preventable deaths in custody.

Saturday, November 9, 2019
2:00pm – 4:30pm
Gather at 2pm
American Heroes Park, 6608 Hellman Ave
Eastvale CA 92880

Support the survival & release of people currently incarcerated at CIW.
Speak out against isolation, abuse, and state-sanctioned death!

Bring our loved ones home, ALIVE!

#SayHerName #VickieLeeHammonds #ShayleneGraves #ErikaRocha #AliciaThompson #ShadaeSchmidt #StephanieFeliz #MargaritaMurugia #LauraAnnRamos #GuiFeiZhang #NoMoreDeaths #CareNotCages #InvestigateCIW #EndSolitary #Criminalized2Death #BlackLivesMatter

Vigil and rally organized by the family of Vickie Lee Hammonds & the California Coalition for Women Prisoners.

RSVP for details, or to endorse: California Coalition for Women Prisoners, ccwpla@gmail.com

Vickie Lee Hammonds Vigil_Nov 9

Vickie Lee Hammonds Spanish

 

NOTHING NEW: CDCr Fuels and Socially Engineers Violence between Prisoners

Nothing New

By Mutope Duguma
[See this June 2018 article posted here at Prisoner Human Rights Movement and here in an archive of Mutope Duguma’s writings]

An End To Hostilities” is an agreement/document that was brought forth to build Peace amongst the Prison Class, which means that strong communication between the groups will to be used to end any problems that may surface within prisons.

We prisoners had to come to terms with the realization that our inactions have allowed prison officials to suppress us under their Social Tyranny, where we have been held hostage in what we call ‘protracted violence.’ From 1979 to 2009, prison violence would devastate prisoners throughout CDCr [California Dept. of Corrections and rehabilitation], and sadly would do the same to our communities, where we would also be conditioned to this violence inside of California prisons. Based on gathered intelligence, there has never been an impartial or thorough investigation into how prison officials allowed such violence to occur as well as spread into our communities.

Prisons, no matter what their classification levels, I, II, III or IV, are very dangerous environments. They house mostly young people; those who suffer from drugs and alcoholism. Lest we cannot forget those undeveloped minds, which have yet to become rational thinking men and women. Therefore, it is relatively easy to socially engineer prisoners under social tyranny by manipulating conflicts that lead to their destruction.

Prison officials have total control over all prisoners held in CDCr, and this affords them the power to impose their will upon prisoners as they try to see fit.

So, prisons and citizens of this country should not be surprised to see that CDCr is managing prisoners with violence in order to secure their best interest: Higher Pay and Job Security. Peaceful prisons go against CDCr agenda and, therefore, violence has to be its trademark.

This explains why CDCr would want to disturb the current peace achieved by more experienced prisoners who have built solidarity around our “Agreement to End All Hostilities” (AEH). CDCr needs to ‘come clean’ and take responsibility for their role in fueling so much of the violence between prisoners.

The million-dollar question for all tax payers is: Why disturb such a Peace???

Case in Point:

1.) It was CDCr who manipulated the racial violence between prisoners by pitting them against one another, favoring one group over the other with respect to Jobs, etc. I’ve been in Calipatria three (3) years, and there have been countless incidents where staff attempted to instigate or agitate violence amongst prisoners, but due to our AEH we have been able to counter these attacks through Sound Communication, rooted in respect for what is right!!!

2.) It was CDCr who created the debriefing program, pitting prisoners against prisoners, that led to thousands of prisoners becoming informants (i.e., snitches) and this was done by torturing each of these prisoners held in solitary confinement units, forcing many of them into being informants.

3.) It was CDCr who created the indeterminate SHU program that held men and women indefinitely inside of solitary confinement units, through a gang validation process that allowed them to remove all the “unfavorable” prisoners off general population and into the SHUs, where prisoners were held in solitary confinement for decades, the longest more than 44 years.

4.) It was CDCr who created the Sensitive Needs Yards (SNY), which is where one third (1/3) of the prison population is today… SNY prisoners are, or were, “keep aways” from general population prisoners for various reasons, such as having been informants, child molesters or rapists, or being elderly, and requesting to be placed in protective custody.

5.) It was CDCr who set up the Gladiator Fights inside Corcoran State Prison Security Housing Unit – CSP-SHU in the 1980s, that led to seven (7) prisoners being murdered in cold blood and thousands of prisoners being wounded and beat on in these conflicts instigated and agitated by CDCr officials.

6.) It was CDCr who did away with all the positive incentive programs that led to the hopelessness that we see throughout CDCr today.

7.) It was CDCr who did away with nutritious foods and went to non-nutritious foods, starting in 1997, that is today having an adverse effect on prisoners’ health and behavior.

These failures on CDCr’s part led to deadly consequences for prisoners. The senseless violence we experienced in the past is now being introduced again by CDCr, who continue to find ways to socially engineer prisoners under Social Tyranny.

The claim that they (CDCr) will be able to determine if prisoners want to go home or not by how they get along on a combined yard is total BS. SNYs and GP prisoners should’ve never been separated in the first place.

Those of us who were manipulated into this violence have first-hand experience on how it works, and we are doing what we can to educate those prisoners who don’t see the un-seen hand of CDCr. Because, unlike our past, we are today very mature-thinking men and women who have taken responsibility for our roles inside the manmade madness, by coming together and establishing an End To All Hostilities.

The Agreement to End All Hostilities was created by the Four (4) Principle Groups behind these walls. They agreed on their word alone to end prison violence amongst the races, which has saved countless lives to this day.

What is CDCr’s objective to off-set the many positive programs and policies that afford prisoners the opportunity to go home? CDCr’s objective, as always, is that Peace goes against their bottom line: Profiting off Prisoners.

So, as long as CDCr officials want to use violence in order to secure their income, there will be violence in prisons. (See the recent article by Nashelly Chavez in the May 27, 2018, Sacramento Bee titled “Nashelly Chavez, May 27, 2018, titled: California Prisons Phase out ‘Sensitive Needs Yards’ Critics See A Rough Transition”).

We are an expendable source, therefore, our lives have no value to our keepers. It is us who put value in our lives and this is where our power comes from, Reclaiming our Humanity. The violence is Nothing New.

One Love – One Struggle

Mutope Duguma

___________________________________

Mutope Duguma was incarcerated at California’s Pelican Bay State Prison, in its notorious Security Housing Unit. He is now at CSP Los Angeles County in Lancaster. He is a member of the Human Rights Movement First Amendment Campaign and PLEJ [Power, Love, Education, Jusice] for Liberation and is a prolific author, with articles published in the SF Bay View and many other places, including his website, http://www.mutopeduguma.org.

Write to Mutope at:

Mutope Duguma
s/n James Crawford D05996
CSP – Los Angeles County
PO Box 4490, B-5-C-141
Lancaster, CA 93539

LIBERATE THE CAGED VOICES community event — May 22

LIBERATE THE CAGED VOICES
A series by California Prison Focus (CPF)

Wednesday, May 22, 2019
7:00pm-9:00pm

The Octopus Literary Salon
2101 Webster St #170
Oakland, CA 94612

Build solidarity! Engage with imprisoned community members through their stories, letters and poetry.

An interactive event to shift the narrative, and find out what’s really going on in California’s prisons.

Speakers, music and audience participation.

$5-$20 donation appreciated. No one turned away for lack of funds.

For questions, contact@prisons.org
www.prisons.org


California Prison Focus (CPF) is a non-profit human rights organization dedicated to exposing the abuse, violation, and neglect of basic human rights concerning our community members behind bars. CPF publishes a quarterly newsletter, providing a platform for otherwise silenced voices of those on the inside and continues to fight for ending solitary confinement torture. Founded in 1991, the all-volunteer group operates entirely on individual donations and small grants.

CPF is a founding member of the Prisoner Hunger Strike Solidarity Coalition.

 

Special Review of How Salinas Valley State Prison Handles Allegations by Prisoners of Staff Misconduct

by the Office of Inspector General (OIG)

In January 2018, the secretary of California Department of Corrections and Rehabilitation (CDCR) and attorneys from the Prison Law Office requested that the OIG assess the prison’s process of handling inmate allegations of staff misconduct, “staff complaints.” The department allows local prison supervisors to conduct “staff complaint inquiries,” which are a preliminary collection of evidence pertaining to an allegation. Our review included a retrospective paper review of 61 staff complaint inquiries the prison completed between December 1, 2017, and February 28, 2018, and an onsite monitoring review of 127 staff complaint inquiries the prison initiated between March 1, 2018, and May 31, 2018. This totaled 188 staff complaint inquiries, which included 268 allegations. Our review also included our assessment of nine additional complaints submitted to the department by the Prison Law Office.

FULL REPORT (137pgs): Special Review of Salinas Valley State Prison’s Processing of Inmate Allegations of Staff Misconduct
https://prisonerhungerstrikesolidarity.files.wordpress.com/2019/03/2019_special_review_-_salinas_valley_state_prison_staff_complaint_process.pdf

FACT SHEET (6pgs): Special Review of Salinas Valley State Prison’s Processing of Inmate Allegations of Staff Misconduct
https://prisonerhungerstrikesolidarity.files.wordpress.com/2019/03/2019_special_review_-_salinas_valley_state_prison_staff_complaint_process_-_fact_sheet.pdf

Special Review found Salinas Valley’s Reviews of Allegations of Staff Misconduct involved: Poor interviewing techniques Poor evidence collection Poor report writing Lack of training Lack of independence: Display of bias, Inappropriate reviewers, Breached confidentiality

Salinas Valley rarely found misconduct from its staff complaint inquiries, and in the few cases where it determined that staff violated policy, it did not always provide corrective action—until we asked about it. The hiring authority determined that subject staff did not violate policy in 183 of the 188 complaint inquiries we reviewed (97%).

A reviewer’s rank of service had little effect on the quality of the staff complaint inquiry; we found the work across all ranks to be lacking in quality. Sergeants performed the poorest at 70% inadequate. Lieutenants, the most common reviewers, produced inadequate inquiries 52% of the time.

Below are excerpts from the OIG’s Full Report included in the OIG’s Fact Sheet:

2019_Special_Review_DEFICIENTInterviewSkills-Fact_Sheet-page-4

2019_Special_Review_DISPLAY Bias-Fact_Sheet-page-4


Electronic copies of reports published by the Office of the Inspector General are available free in portable document format (PDF) on our website at www.oig.ca.gov .

Office of the Inspector General, 10111 Old Placerville Road, Suite 110, Sacramento, CA 95827

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SOLITARY MAN: A Visit to Pelican Bay State Prison @ Berkeley Marsh Cabaret, Monday 3/18

A two person play with music performed by Fred Johnson and Charlie Hinton to celebrate Charlie’s 74th birthday and recovery from cancer. Music by City Jazz will follow the performance.

Solitary Man: A Visit to Pelican Bay State Prison
March 18, 2019 — 7:30pm
Berkeley Marsh Cabaret, 2120 Allston Way, Berkeley, CA 94704
  1 block from Downtown Berkeley BART

Poscard Marsh2

In Solitary Man, Charlie travels to Crescent City to visit a lifer named Otis Washington (played by Fred). A 64 year old native of New York City, Otis has been imprisoned since 1975 and at Pelican Bay since it opened in 1989. They get to know each other during the visit, and Otis explains some of what he has learned and experienced.

Solitary Man is directed by Mark Kenward.

No-Host Bar at the Marsh

Tickets: $15 Call 415-282-3055 or visit www.themarsh.org/rising/rising/
Scroll down to Solitary Man, click on the purple bar

Charlie says: “Fred and I want to continue performing, so if you or your organization would like to work with us to present the show, please let me know.” www.lifewish.org

Here is a video preview of the play!

http://lifewish.org/solitaryman/
Facebook https://www.facebook.com/solitarymantheplay/

 

LIFER FAMILY SEMINARS (March 16 & April 6, 2019)

Hope you can attend one of the first 2 seminars this year, March 16 in Sacramento and April 6 in Yorba Linda. We’re doing some new things this year; for a start, at our Sacramento event both Jennifer Shaffer of the Board of Parole Hearings (BPH) and CDCR Secretary Ralph Diaz will be speaking in person, providing insight and answering questions.  For Yorba Linda and other events in coming months, we’ll have a video of both Diaz and Shaffer–the best we can do, absent cloning.

Also, for those who have an understanding of the basics of the parole policy, we’re offering a deeper dive into some of those areas, via small groups in the afternoon, concentrating on several areas, from new laws (commutation 1437 and 1391), to how to prepare a parole plan, to what to expect and do after the hearing, whichever way it goes.  And–for those newer to the journey, we’ll also provide a small group to outline how the whole system works.

Be sure to sign up, the easiest way is via our new and improved website, on the Events page, which, for the first time will allow you to register with a credit card.  We’re finally in the 21st Century!

Staff,
Life Support Alliance
Together we can do this, one step at a time.
19 03 16 Sacramento_LSA

Updates on 2019 laws, policies & procedures.

Lifer Family Seminar
Have Hope*Get Help*Come Home

Saturday, March 16, 2019
8 am-3:30 pm
Capital Christian Center, 9470 Micron Ave, Sacramento, CA 95827

Parking on site, directions and maps provided prior to the event. Registration and check in begins at 8 am.

This is a pivotal time for lifers; get the latest, most accurate and complete news on parole outlook, challenges of release and re-entry.

A Day of LEARNING and SUPPORT. Your Lifer CAN Come Home
Learn from officials, attorneys, advocates and successfully paroled lifers

What you and your inmate need to know

  • Insight & Causative Factors
  • Comprehensive Risk Assessment
  • Parole plans & re-entry

$35 up to 3 days prior; $40 at the door
Pre-Registration Requested
Seminar fee includes lunch & materials

Send Check or Money Order to

  • LSA, P.O.Box 277, Rancho Cordova, CA 95741 (sorry, no credit or debit cards)
  • Payment may be made also via PayPal; See EVENTS page at lifesupportalliance.org

LIFE SUPPORT ALLIANCE  Promoting Public Safety & Fiscal Responsibility
Publisher of CALIFORNIA LIFER NEWSLETTER & Lifer-Line newsletter
staff@lifesupportalliance.org  (916) 402-3750

19, 04-06 Yorba Linda_LSA

First Southern California Seminar of 2019
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Support Hunger Strikers in Corcoran State Prison – SOLIDARITY PROTESTS 2/16 & 2/17

Prisoners are hunger striking against indefinite lockdown and group punishment.

Corcoran HS support Feb 2019

 Corcoran State Prison Protest outside
→ in solidarity with people inside who are peacefully protesting against torture ←

Sat & Sun/Feb 16 and 17
11:00am – 2:30pm (both days)

in front of Corcoran State Prison entrance
Corcoran, CA 93212

Families are mobilizing for this weekend’s protests.
Please participate if you can!!

Contact number:  562.537.7068.

On Jan. 9, 2019, an estimated 250 prisoners went on hunger strike within Corcoran State Prison’s 3C facility in response to an indefinite lockdown. They have asked that this info be made public and that their DEMANDS BE HEARD.

corcoran_demands

Corcoran State Prison (3C Yrd)
SIX CORE DEMANDS ARE AS FOLLOWS:

  1. Lift Lock-Down.
  2. Allow Visits.
  3. Allow Us To Attend Educational, Vocational & Rehabilitation Programs That We’re Enrolled In.
  4. Allow Us To Receive Commissary & Packages.
  5. That We Be Given Our Weekly 10 Hrs Of Mandated Outdoor Exercise Yard.
  6. That We Are Treated Fairly.

***WE’VE BEEN ON THIS PEACEFUL HUNGER STRIKE SINCE JANUARY 9TH, 2019 AND HAVE YET TO SEE CHANGE… WE WILL CONTINUE THIS HUNGER STRIKE UNTIL OUR VOICES ARE HEARD.

UPDATE: On January 9, 2019, an estimated 250 prisoners initiated a hunger strike within California State Prison – Corcoran’s 3C facility in response to an indefinite lockdown. On Jan 28, after three weeks of refusing food trays, the warden met with representatives, granted full canteen privileges and promised to work out a separate yard schedule. The strikers suspended their hunger strike and were ready to continue negotiations in good faith.

Over the last two weeks there has been NO PROGRESS on receiving full canteen or separate yard time. The warden has reneged on all pledges so the strikers of 3C refused breakfast trays on Monday, Feb 11 and held a day long noise demo banging on doors and windows. The initial demands remain and strikers insist that they be dealt with in good faith.

BACKGROUND: All units within Corcoran’s 3C facility have been on “modified program” for four months now. This essentially means a “lockdown” in all meaningful aspects – no visitation, no canteen, no packages, no educational, rehab or vocational programming, and little yard time.

The pretext for this indefinite lockdown by CDCr of hundreds of prisoners for months on end is an altercation on Sept. 28 which saw three prisoners from their unit attacked and put into the infirmary. Group punishments and indefinite isolation are standard practices by CDCr and must stop.

These practices only escalate trauma and conflict and ultimately only promote violence and destabilization within facilities. The effects are not an accident or “regrettable by-products.” This is how CDCr interprets its mission: control by brutalization and division.

The above info is from the Incarcerated Workers Organizing Committee.
See more articles and interviews about the strike below.

PLEASE MAKE PHONE CALLS!

The hunger strike representatives have requested phone calls be made to officials in Sacramento to amplify the demands.

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Feb 24 California Prison Focus event: STEEL BARS AND REAL SCARS – Watani Stiner

Feb 24 CPF event _Watani and children

SPOKEN WORD & PERFORMANCE
Sunday, February 24, 2019

2 – 4 pm
Sherith Israel – 2266 California St. San Francisco, CA 94115

 

California Prison Focus presents Watani Stiner and Children of the Revolutionary: Larry Stiner Jr., Latanya Stiner, and Lige Stiner.

Witness the devastating impact of imprisonment on families as seen through the eyes of a formerly incarcerated father who successfully escaped from San Quentin before he voluntarily returned, and the son and daughter left to grow up without him.

Join us to hear the poignant reflections and stories of this family trio as they recount their journey through those long years of separation. Through spoken word and performance, they will share their stories of childhood, imprisonment, escape, exile, and political activism while offering their perspectives on how incarceration and family separation affected each one of them personally.

Support an end to mass incarceration.

Free event hosted by California Prison Focus
For questions: contact@prisons.org
http://www.prisons.org


California Prison Focus (CPF) is a non-profit human rights organization dedicated to exposing the abuse, violation, and neglect of basic human rights concerning our community members behind bars. CPF publishes a quarterly newsletter, providing a platform for otherwise silenced voices of those on the inside and continues to fight for ending solitary confinement torture. Founded in 1991, the all-volunteer group operates entirely on individual donations and small grants.

CPF is a founding member of the Prisoner Hunger Strike Solidarity Coalition.

COURT FINDS SYSTEMIC CONSTITUTIONAL VIOLATIONS BY CALIFORNIA DEPT OF CORRECTIONS

Extends Settlement to End Indefinite Solitary Confinement in California

January 28, 2019, Eureka – Late Friday, a federal judge found that the California Department of Corrections and Rehabilitation (CDCR) is systemically violating the due process rights of prisoners. The judge ruled that CDCR is violating the Constitution by repeatedly relying on unreliable and even fabricated confidential information to send California prisoners to solitary confinement. The court also found CDCR is using constitutionally flawed gang validations to deny people in prison a fair opportunity for parole.

Read Court’s Decision here (Jan 25, 2019): https://prisonerhungerstrikesolidarity.files.wordpress.com/2019/01/order-granting-extension-motion.pdf

As a result of evidence submitted by the prisoners’ legal team, the judge extended by one year the terms of an historic settlement agreement to end indefinite solitary confinement in California prisons, including a provision allowing monitoring by plaintiffs’ counsel.

“The purpose of the settlement was to eradicate constitutional violations related to CDCR’s use of solitary confinement. Unfortunately, California is still violating our clients’ fundamental rights to due process. This ruling is an opportunity to remedy those continuing violations,” said Senior Staff Attorney at the Center for Constitutional Rights Rachel Meeropol. “It also sends a clear message to CDCR and California’s new governor: until the constitutional violations end, the courts will be watching.”

Under a 2015 landmark agreement, nearly 1600 prisoners were released from isolated Security Housing Units (SHU) and CDCR agreed to substantially reform the process by which prisoners were placed and held in the SHU. Prisoners are no longer sent to SHU based solely on gang affiliation—often established on the basis of extremely insubstantial evidence—but only due to specific and serious rules violations.

The judge’s decision underscored the serious problems in California’s old gang validation system and the way it continues to impact prisoners:

“Plaintiffs have provided the court with ample evidentiary examples that demonstrate that the CDCR’s old process for gang validation was constitutionally infirm (for example, because CDCR’s interpretation of the word ‘activity’ also included something described as, ‘non-action piece[s] of evidence’). As a result, prisoners’ validations were sometimes based on as little as . . . having received correspondence (regardless of the content) or artwork, a birthday card, or other possessions from a validated gang member . . .  or for the artwork they possessed (such as art containing Aztec or Mayan images). . .  Plaintiffs also provide evidence from a number of class members’ parole transcripts in support of the contention that gang validation is a highly significant, if not often a dispositive factor in parole consideration, and that when prisoners dispute their validation at their parole hearings, Commissioners consider the challenge itself to constitute evidence of dishonesty and a manifestation of a lack of remorse or credibility.”

“Now that a judge has determined that California’s gang validation system is deeply flawed, the Parole Board must immediately stop relying on these old validations and give our clients a fair chance to earn release,” said Carol Strickman of Legal Services for Prisoners with Children.

The judge’s decision also focused on how California distorts confidential information, describing one disciplinary case where “the potentially exculpatory part of the [confidential informant’s] account was never disclosed, and instead it appears to have been replaced by an inculpating statement that the [confidential informant] never uttered;” another case where a “prisoner was told that the evidence against him included two confidential sources . . .  however, according to the underlying confidential memorandum, there were not two sources, there was only one, and that person stated that he did not witness the event in question;” and many more, leading the judge to conclude that “time and again, the shield of confidentiality for informants and their confidential accounts is used to effectively deny class members any meaningful opportunity to participate in their disciplinary hearings.”

Lead counsel at the Center for Constitutional Rights, Jules Lobel, explained, “CDCR relies extensively on confidential in-custody informants, even though the California legislature and experts around the country recognize they are often unreliable. We hope this decision will provide momentum for California and other state prison systems to take steps to ensure that this type of unreliable evidence is not used to send people in prison to solitary confinement.

Ashker v. Governor of California was originally filed by prisoners who had been isolated in the SHU for more than a decade based on alleged gang affiliation. The lawsuit followed coordinated hunger strikes in 2011 and 2013 by over 30,000 prisoners statewide. On the third anniversary of the settlement agreement, former SHU prisoners published a statement marking their progress and highlighting work that remains in order to fully remedy their unconstitutional conditions.

The Ashker plaintiffs are represented by the Center for Constitutional Rights, Legal Services for Prisoners with Children, California Prison Focus, Siegel & Yee, Weil Gotshal & Manges LLP, Bremer Law GroupPLLC, Ellenberg & Hull, and the Law Offices of Charles Carbone.

Read the magistrate judge’s decision here.

Original post: https://ccrjustice.org/home/press-center/press-releases/court-finds-systemic-constitutional-violations-california

For more information, visit the Center for Constitutional Rights’ case page.


The Center for Constitutional Rights works with communities under threat to fight for justice and liberation through litigation, advocacy, and strategic communications. Since 1966, The Center for Constitutional Rights has taken on oppressive systems of power, including structural racism, gender oppression, economic inequity, and governmental overreach. Learn more at ccrjustice.org.