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.

Continue reading

EMERGENCY ACTION ALERT: over 5 months of sleep deprivation in Pelican Bay SHU

Please make calls (and keep calling!) to demand a STOP to the 30 minute “checks” in Pelican Bay SHU:

  • CA Dept. of Corrections and Rehabilitation (CDCR) Secretary’s Office: 916-323-6001
  • Kelly Harrington, CDCR Director of Adult Divisions: 916-445-7688
  • Senator Loni Hancock, Senate Public Safety Comm. Chair: 916-651-4009
  • Assembly Member Bill Quirk, Assembly Public Safety Comm. Chair: 916-319-2020
  • CA Governor Jerry Brown: 916.445.2841

Suggested script for calls:
Begin with your name and the city and state where you live. Tell them all: “Stop the so-called ‘welfare’ checks in the SHU at Pelican Bay State Prison. Sleep deprivation is torture.”

 

Send emails to CA elected officials:
Click this link from Californians United for a Responsible Budget (CURB) to email the message to STOP the ‘checks’http://tinyurl.com/ztjcos3

 

Join the fight against the checks!:
Find out how here!
http://wp.me/P1BB1k-28B

 

Share this YouTube Video far and wide!
“Sleep Deprivation” from Liberated Lens Collective
https://www.youtube.com/watch?v=zjWF3OtGSkQ

Background info: Continue reading

Feb. 12, 2015: Important Hearing in SHU Lawsuit

In Ashker v. Brown, we will prove that ten years in solitary confinement in the Pelican Bay SHU is cruel and unusual punishment (violating the 8th Amendment).

In an end-run around our lawsuit, CDCR has been transferring hundreds of prisoners out of that SHU.  This is good news for some, but many prisoners are simply being transferred to other SHUs, most notably to Tehachapi.  Four of our ten named plaintiffs have been moved there.  Because the judge previously defined our 8th Amendment class as prisoners presently at Pelican Bay SHU for ten years or more, these plaintiffs and others are no longer considered part of the class.

In response, we recently filed a motion to expand the reach of the solitary confinement lawsuit to include prisoners who have spent 10 years or more at Pelican Bay SHU but have recently been transferred to other California SHUs.
As we wrote:

“the cruel and unusual treatment they experienced, and its debilitating effects, have not abated, but instead continue under a different name in a different prison.”

CDCR should not be able to thwart our 8th Amendment claim by transferring these long-suffering prisoners to a different SHU.  These prisoners should be released from SHU, not moved to a different SHU.  Granting our motion will give the court jurisdiction over these prisoners so that, when we succeed at trial, they will be included in the relief that the court orders.

Please attend the hearing on Plaintiffs’ (Prisoners’) Motion to Amend the Complaint.  Your presence in the courtroom shows the judge that we care and are paying attention to decisions made about the torture in the SHU.

DATE: Thursday,  Feb. 12, 2015
TIME: 2:00 p.m.
ADDRESS: U.S. District Court in Oakland, 1301 Clay Street (federal courthouse)
COURTROOM: Dept. #2,  4th Floor, Hon. Claudia Wilken, presiding


Information explaining the motion came from Carol Strickman,Staff Attorney, Legal Services for Prisoners With Children and Co-Counsel for Plaintiffs in Ashker v. Brown