Stop the Sleep Deprivation in CA Solitary Confinement! — RALLY & COURT SOLIDARITY, SACRAMENTO, FRIDAY OCT 19

Join the Prisoner Hunger Strike Solidarity Coalition (PHSS) for a rally and courtroom presence in opposition to the relentless practice of sleep deprivation torture in CA solitary confinement cells. Please show solidarity with imprisoned civil rights Plaintiff, Jorge Rico, and with people locked in solitary throughout CA suffering severe sleep deprivation due to guards’ loud and disturbing “security/welfare checks.”

Friday, Oct 19, 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 #3, 15th Floor)

After the hearing, Jorge’s attorney, Kate Falkenstien, 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.

For rideshare to Sac & other info:
call 510-426-5322 or email phssreachingout@gmail.com

FB EVENT PAGE: https://www.facebook.com/events/811504955847955/

Background
In prison isolation units throughout California, guards jar prisoners EVERY 30 MINUTES with loud and disruptive “security/welfare checks” causing ongoing sleep deprivation.

Every half hour, 24/7 guards subject prisoners to shrill beeping, banging of metal on metal with a Guard One wand, stomping through the pods, talking loudly, and at times, shining flashlights in their faces. The California Department of Corrections and rehabilitation (CDCr) began this Guard One “security/welfare check” system in early 2014 in women’s and men’s prisons under the guise of suicide prevention. In conducting these automated “checks,” the guards aren’t actually checking to see if people are okay; but they wake and disturb prisoners night and day, inflicting serious sleep deprivation. These checks, in addition to the harm of extreme isolation, cause severe physical and mental injury, increase suicidal ideation, and are described by people forced to endure them as TORTURE.

Sleep deprivation is internationally defined – by experts in human rights, sleep, and mental health – as a form of torture.

What’s the Oct 19 court hearing about?
CDCr is trying (again) to get Jorge Rico’s case dismissed.
Currently, there are at least seven federal civil rights lawsuits by CA prisoners against these checks that charge CDCr administration, and specific wardens and guards, with violating prisoners’ constitutional protection from cruel and unusual punishment. Prisoners are suing for money damages for serious physical and psychological injury caused by being jarred every 30 minutes, 24 hours a day. Perhaps most important, they are suing for declarative and injunctive relief- for the court to declare that the CDCr Guard One security/ welfare checks violate people’s civil rights and must stop. One of these lawsuits, brought by Christopher Lipsey (Lipsey v. Barnes), began in June 2014, over 4 years ago, and is still in initial court proceedings. Prisoner civil rights cases often take years to conclude, and only begin after a person in prison exhausts all of the avenues asking prison administration to deal with the problem, to no avail. With the so-called security/welfare checks, people in prison who have experienced them for months or years on end and who mustered the courage, paperwork, and fortitude to bring lawsuits, have been moved by CDCr in and out of solitary (where the checks occur) since the time they began their lawsuits.

Jorge Rico filed his lawsuit on August 2, 2016. Currently, Jorge is not in solitary experiencing the checks; he’s been in prison General Population since April 2018. CDCr is trying to get rid of significant parts of Jorge’s lawsuit- his request that the court declare the checks violate the Eighth Amendment constitutional protection against cruel and unusual punishment, and his request that the court order an end to the harmful, noisy, and useless Guard One checks that cause serious sleep disruption and deprivation. CDCr argues that those parts of Jorge’s lawsuit are “moot” because Jorge is not, at this time, enduring the checks. We believe Jorge’s claims are not moot because he is likely to experience the checks again. CDCr should not be allowed to evade his constitutional challenge.

CDCr tries every which way to get the civil rights case against the checks dismissed by the court.

The Legal Problem
How will anyone ever be able to successfully challenge the checks if their lawsuit goes away when CDCr decides to temporarily move them out of solitary? It is well known, and established by the courts, that being put in Administrative Segregation (ASU solitary) at various times for various reasons should be expected by a person incarcerated in California. Indeed, Jorge has been in SHU solitary, then General Population, then Administrative Segregation solitary, then General Population – all since he began his lawsuit. If lawsuits take years, and people are in and out of solitary at CDCr’s discretion, and thus CDCr can get the lawsuits dismissed, this cruel sleep deprivation policy can continue on forever!

Jorge Rico’s lawsuit should not be dismissed because he gets some time out of solitary.

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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.

PTSD SC: Post-Traumatic Stress Disorder Solitary Confinement

by Sitawa Nantambu Jamaa and Baridi J. Williamson

published in the San Francisco Bay View newspaper:
http://sfbayview.com/2018/02/ptsd-sc-post-traumatic-stress-disorder-solitary-confinement/

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]

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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!

“A swift salute to all of the supporters…” Statement from Folsom Prison ASU Hunger Striker, Anthony Estrada

Anthony Joel Estrada Media Release

June 19, 2017
A swift salute to all of the supporters and those concerned with the ongoing fight to reform CDCR’s ASUs [Administrative Segregation Units].

On May 28, 2017, I was “special” transferred under a warden to warden agreement to D.V.I.’s ASU.  This was done as a retaliation for alerting the public of the conditions of confinement at Folsom State Prison (FSP), as well as other ASUs.  I was not the only person transferred, prisoner R. Delossantos F-486401 was transferred to Vacaville CMF, merely for exercising the 602 process.

As of date the Hunger Strike process has been suspended until further notice. It is unfortunate that we as prisoners must use this process in order to shine light on CDCR’s unwillingness to oversee its ASU conditions.

CDCR allowed FSP administration to retaliate, isolate and condone the poor conditions of ASU.  I was transferred to even more extreme conditions where there exists roaches, rodents, no drinkable tap water and the sanitary conditions are that of a third world country.

The fight can always continue with the outside support keeping pressure on CDCR’s top officials and administration to change the property matrix for ASU; to expand “administrative SHU” to cover long-term confinement; to implement educational opportunities, rehabilitation programs, sanitary conditions, pull-up bars in ALL cages; and force all prisons with ASU prisoners to install outlets for use of electronic appliances such as TVs, radios and typewriters.

The ASUs are now CDCR’s new SHU without privileges and incentives under the guise of short-term detention as discipline. This is far from the truth.

This fight affects everyone now and those who eventually come into an ASU.  It doesn’t matter what group you may run with or circumstances for ASU placement, this is what it is — back to toothpaste in jelly packets, drinking out of milk cartons, clothes all tore up, freezing during the winter.  ASUs are limited to housing now that the Coleman case created STRHs (Short Term Restricted Housing units), we’re back to square one. So I encourage prisoners and supporters alike with voices louder than mine, to look into this, assist me by 602ing conditions in your ASUs, for those going out on mainlines look into conditions in their facility’s ASU.

I will continue fighting administration, now through the courts, and hope for relief. Any assistance, guidance or moral support from those aware or educated would be sincerely appreciated. Thank you all outside supporters who held rallies and lent their voices for change, I will not let your support go to waste.

Respectfully

Anthony Joel Estrada

Anthony is now at “New Folsom” Prison. CDCR is punishing Anthony with a Serious Rules Violation, claiming that his hunger striking created a “gang-related mass disturbance.”  Here is Anthony’s address if you want to write him.

Anthony Joel Estrada, T80277
California State Prison-Sacramento
P.O. Box 290066
Represa, CA 95671


Press Release: Folsom Prison Hunger Strike Enters 9th Day – Families, Advocates to Rally in Folsom and L.A. to Support Prisoners’ Demands

For Immediate Release – Friday, June 2, 2017

WHAT:  Rally & Press Conference to Support Folsom Prison Hunger Strike

WHEN:  Sunday, June 4th from 12:00pm-2:00pm | Press Conference @ 1:00pm

WHERE:
Folsom: Folsom State Prison | E Natomas & Folsom Prison Road  (Folsom, CA 95630)

Los Angeles: Twin Towers Jail | 450 Bauchet St  (Los Angeles, CA 90012)

PRESS CONTACTS:

Courtney Hanson
photos.courtneyjade@gmail.com | (916) 316-0625

 Raquel Estrada
rpartida831@gmail.com | (831) 227-7679

Folsom—On Sunday, June 4th, 2017, human rights advocates will hold a rally outside of Folsom State Prison (FSP) to amplify the voices of people incarcerated in the Administrative Segregation Unit (ASU) at FSP, who have been on hunger strike since May 25th. Prisoners in Building 4 of ASU are striking because they are forced in live in conditions that are inhumane and constitute cruel and unusual punishment under the U.S. Constitution. Despite the fact that FSP is aware of the dangerous consequences of prolonged social isolation, they continue to deprive prisoners of basic human needs, including normal human contact, environmental and sensory stimulation, mental and physical health, physical exercise, sleep, access to courts, and meaningful activity.

The California Department of Corrections and Rehabilitation (CDCR) is aware (Madrid-Ashker-Coleman) that the conditions of extreme isolation will likely inflict some degree of psychological trauma, including but not limited to: chronic insomnia, severe concentration and memory problems, anxiety and other ailments. The CDCR and the general public have a heightened awareness about this issue because of the prisoner hunger strikes that swept California in 2011 and 2013 and involved more than 30,000 prisoners. Those strikes led to Ashker v. Brown, a federal class action lawsuit asserting that prolonged solitary violates the 8th Amendment (cruel and unusual punishment) and putting someone in solitary based on gang association violates the 14th Amendment (no due process). The case reached settlement in September 2015, ending indeterminate solitary confinement terms in Security Housing Units (SHUs), but did not prevent prisoners from being kept in prolonged solitary confinement in Administrative Segregation.

FSP continues to claim that lack of money prevents them from abiding by CDCR’s stated goals, and are content to not only ignore the suffering of men in its care, but to retaliate against them for their peaceful protest.

“On the afternoon of May 27th, someone called on my husband’s behalf relaying his message that Warden Ron Rackley and Ombudsman Sara Smith had a meeting with him where they communicated that they were upset with the hunger strike and threatened to take away his visits, move him to another prison, give him a 115 and revalidate him as a Security Threat Group (STG) gang leader for his role in organizing the hunger strike. On May 28th, I arrived to visit and the Sergeant informed me that my husband is no longer at FSP and was moved to DVI Tracy.” —Raquel Estrada

Folsom prison hunger strikers have the following demands, which are published in greater detail here.

  1. PROVIDE ADEQUATE ACCESS TO COURTS AND LEGAL ASSISTANCE

  2. PROVIDE MEANINGFUL EDUCATION, SELF-HELP COURSES AND REHABILITATIVE PROGRAMS

  3. ALLOW POSSESSION OF TELEVISIONS

  4. PROVIDE EXERCISE EQUIPMENT, INCLUDING PULL-UP BARS, FOR MEANINGFUL EXERCISE IN YARD

  5. END CRUELTY, NOISE AND SLEEP DEPRIVATION OF WELFARE CHECKS

  6. KEEP ORIGINAL PROPER PACKAGING FOR COMMISSARY AND CANTEEN

  7. GIVE NON-DISCIPLINARY STATUS TO QUALIFYING PRISONERS

  8. PROVIDE ADEQUATE AND APPROPRIATE CLOTHING AND SHOES

  9. PROVIDE FOOD BOWL AND CUP

###

Endorsed by Sacramento Solidarity Network, California Families Against Solitary Confinement, Prisoner Hunger Strike Solidarity Coalition, Peoples’ Action for Rights and Community, All of Us or None, Legal Services for Prisoners With Children, Democratic Socialists of America Sacramento, Party for Socialism and Liberation, Showing Up for Racial Justice Sacramento, Freedom Outreach, Underground Scholars

Hunger Strikers’ DEMANDS AND GRIEVANCES at Folsom Prison

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.”

pdf of Folsom Hunger Strikers’ Demands and Grievances

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Folsom Hunger Strike began May 25, 2017 – Your support is needed

NUMBERS TO CALL IN SUPPORT ARE BELOW
DEMANDS AND GRIEVANCES
HERE
HUNGER STRIKE UPDATES HERE

On May 16th, inmates at Old Folsom State Prison made contact with the outside world to announce that they would begin a hunger strike on May 25th. This announcement comes in response to ongoing mistreatment, dehumanization, and unbearable living conditions at Old Folsom State Prison.

Hunger strikes are a last resort, a measure taken by those who truly have no other way out. They often come with high risks and heavy costs to prisoners. Incarcerated people commonly face disciplinary actions, retaliation by prison officials, abuse, and further denial of their basic human rights during hunger strikes- simply for exerting their free will and resisting their mistreatment.

The danger of these threats is compounded by the long-term health consequences and extreme physical weakness that accompany starving yourself in an environment that provides woefully inadequate medical care. In short, these prisoners will desperately need our support.

When incarcerated people take action to fight for their dignity, their rights, and their lives, those of us on the outside must answer with solidarity. Our support is crucial in getting their demands met and minimizing retaliation against them. We must let these brave individuals know that we have their backs, and that they will not be forgotten.

The hunger strike has begun. Please read the information below and make phone calls as soon as possible. All of the contact information you need is included at the bottom. The following media release comes directly from incarcerated people at Folsom State Prison (FSP) who are on strike:

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.

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May 23rd Statewide Coordinated Actions To End Solitary Confinement- Locations & Details

fill in the details for your action!

Saturday, May 23 ACTIONS by location (alphabetical order)

If you don’t see your locale listed here, we haven’t received the details yet or YOU just might need to organize a simple action where you are!!

Statewide Coordinated Actions To End Solitary Confinement (SCATESC) has a PHSS Facebook Event page.  SCATESC’s long list of Co-sponsors and Endorsers is below.


May 23 Locations & Details (so far)

ARCATA / MANILA, CA:
We will be gathering at the Manila Community Center in solidarity with the other statewide coordinated actions that are happening on the 23rd of every month.  Solitary confinement is rampantly used in California. We are a part of a prisoner-led movement including: family and loved ones of incarcerated people, students, lawyers, youth, teachers, doctors, activists, international and national organizations.

There are people of all ages and genders that are locked in solitary confinement, some for DECADES. With Pelican Bay, a notorious torture chamber, so close… come on May 23rd and help STOP THE TORTURE. You can help us pass out literature, get more involved in the struggle, show your solidarity, or just learn.  We will have an educational demonstration while people are waiting for the Kinetic sculptures in Manila.
HERE‘s the Manila flier!
Manila Action Details
Time: 12:00pm – 3:00pm
Location: outside area of Manila Community Center, 1611 Peninsula Dr. Arcata (Manila), CA
For more info: call 707-442-7465
Contact Person: Verbena

Contact Email: peoplesarc@gmail.com

LOS ANGELES, CA:
End Solitary Confinement for Youth in Detention
In juvenile facilities across California, children are held in solitary confinement for days, weeks, and months at a time. This unnecessarily harsh disciplinary practice harms young pe
May23 LA- flyer-If the SHU fits, End Youth Solitary Confinementople and exposes them to a lifetime of psychological and developmental trauma.

At this event, we will present “If the SHU Fits-Voices from Solitary Confinement”, and follow with a session to:  * Share Stories  * Discuss Strategies to make meaningful change * Take Action!

Find out about SB 124 (Leno), which takes California in the right direction by placing limitations on the use of solitary confinement in juvenile justice facilities and encouraging them to explore more positive and developmentally appropriate methods for working with youth.

“If the SHU Fits” is produced by Dramastage Qumran, LA Laborfest, & Public Works Improvisational Theatre, and supported by the Bill of Rights Defense Committee (BORDC), National Religious Campaign Against Torture (NRCAT), and the Prisoner Hunger Strike Solidarity Coalition (PHSS).
HERE‘s the Los Angeles flier!
Los Angeles Action Details
Time: 3:00pm – 6:00pm
Location: Chuco’s Justice Center, 1137 E Redondo Blvd, Inglewood, CA
Facebook Event: https://www.facebook.com/events/1590359064569376/
For more info: call 310-704-3217
Contact Email: lalaborfest@gmail.com
Endorsing organizations for LA action include American Friends Service Committee-LA, Anti-Racist Action-LA, Café Intifada, Children’s Defense Fund of California, Progressive Christians Uniting (PCU), The WE Empowerment Center, Youth Justice Coalition

OAKLAND, CA–  
“We want to consider the idea of designating a certain date each month as Prisoner Rights Day…our supporters would gather in locations throughout California to expose CDCR’s actions and rally support efforts to secure our rights.” PBSP SHU Short Corridor Collective Human Rights Movement, Nov. 2013

Informational Demonstration: PLEASE come talk and help share information to STOP THE TORTURE that is solitary confinement.
HERE‘s the Oakland flier!
Oakland Action Details
Time: 12:30pm – 2:30pm
Location: Mosswood Park, on Webster St. side, near grills
Contact Email: phssoutreach@gmail.com

PENNSYLVANIA:
Pennsylvania (PA) groups support the Monthly CA Statewide Coordinated Action to End Solitary Confinement.

Join us in fasting for some or all of the May 23rd
in protest of the 23 hours of solitary confinement that tens of thousands of prisoners endure every day for months and years
and add your group to those committed to taking an action each month.

PA groups so far include Abolitionist Law Center; Global Women’s Strike; Human Rights Coalition Philly/Pittsburgh; Justice for the Dallas 6 Support Campaign; Payday men’s network; Women and Trans Prisoner Defense Committee; Fight for Lifers West, Inc.
Pennsylvania Action Details
Time: all day
Location: Pennsylvania
For more info in PA, call 215-848-1120
Contact emails: philly@globalwomenstrike.net, payday@paydaynet.org.

POINT REYES, CA:
We will be tabling with information about solitary confinement and the prisoner-led human rights struggle to end solitary confinement – torture- and to promote the Agreement to End Hostilities.

Point Reyes Action Details
Time:
11:00am – 3:00pm
Location: Downtown Point Reyes Station
For more info: call 415 663-6760
Contact Person: Kim Pollak
Contact Email: kimpollak@gmail.com

SAN DIEGO, CA:
STOP THE TORTURE! As part of the Statewide Coordinated Actions To End Solitary Confinement, we will have a May 23rd informational demonstration including photos of men in SHU, along with some who used to be in SHU but are now in General Population.  We will be talking and sharing information to STOP THE TORTURE of solitary confinement.
San Diego Action Details
Time: 12:00noon – 2:00 pm

Location: at Rosa Park (the park is next to library) in City Heights, San Diego
Contact Person: Martha Esquivel
Contact Email:  emartha42@yahoo.com

SAN FRANCISCO, CA:
This date, May 23, emphasizes the 23 or more hours every day that people are kept in solitary confinement in 7 x 11 foot concrete cells.  Organized, community-based pressure is a core strategy to end solitary confinement.  Please participate or visit this informational demonstration.  There will be many people lined up to visit Alcatraz.  Come help pass out information.
San Francisco Action Details

Time: 8:30am – 2:00pm
Location: Pier 33 (Bay St. and The Embarcadero, where people line up to go to Alcatraz island)
Facebook event: https://www.facebook.com/events/1579191362361202/
Contact Person Name: Kim Rohrbach
 For more info: call 510.863.0477

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