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.

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.

“Security/Welfare Checks”: Call for 602s, 22s, and Artwork

Please print the below letter* and send to your friends, pen pals, and loved ones in CA’s solitary confinement. *2018 Update: We are still asking for people’s 602’s, 22’s and artwork about the “checks” even though the linked letter says send by the end of Nov 2017.   

August 2017

Are you living in segregated housing (SHU, Ad-Seg, PSU, Condemned Units)?

Are correctional officers coming around to your cell every half hour or hour to conduct security/welfare checks?

Are these checks conducted in a quiet manner? Or do these checks disturb you? Do they interfere with your ability to sleep, or cause physical or mental health problems?

As you may know, the court in Coleman v Brown has ordered “security/welfare checks,” every 30 minutes in all solitary units as “suicide prevention.” The order does not direct how the checks should be conducted, only their frequency and location. The PHSS Committee to End Sleep Deprivation had hoped that the letters by many prisoners written since May 2016, to the Coleman Special Master and suicide expert explaining that the checks are disturbing their sleep and/or having a negative effect on their physical and mental health, would influence a change of the court order, but no such change has occurred yet.

The court has the authority to change the order for “security/welfare checks” (with Guard One System) in a number of ways. The PHSS Committee to End Sleep Deprivation, California Families Against Solitary Confinement (CFASC), and Family Unity Network realize that it is easier for court officials to ignore letters about the checks than to ignore 602s and written requests for medical or mental health treatment related to the checks.

If you are experiencing negative effects from the checks or from the way they are being conducted, it is time for the official record to reflect those effects. We hope that the attorneys for the prisoners in Coleman will take the 602s and medical requests seriously and address, with the court, the documented harms the checks are causing.

Past complaints resulted in the checks at the Pelican Bay SHU being reduced from every half hour to every hour at night (First Watch). Further reductions or other changes are possible there or at other prisons, but it will require new complaints being filed by a significant number of prisoners. Since the architecture and/or officer behavior in different segregated housing units can be different, it is important that a significant number of prisoners in each housing unit complain of these problems where they occur. The court is not likely to order statewide changes if there are problems at only a few prisons. The court is most likely to modify the order for those units where large numbers of people complain.

Prisoners often feel that filing 602s is pointless. It often seems that way. However, when prisoners act together, either by filing group 602s or by filing many 602s on the same issue in the same time period, that organized effort is heard. In contrast, courts interpret the lack of formal complaints as the lack of a problem.

We appreciate hearing from those who have already written us about this problem. Your responses to surveys, letters to the Coleman suicide expert and Special Master, and previous 602s about the checks have been important. The PHSS Committee to End Sleep Deprivation uses your words and information to spread awareness to the public, the legislature, and the media. We compile the information as an ongoing record.

If you have grounds to file a 602 and decide to file one, we recommend that you give your 602 to an officer with a CDCR Form 22 asking the officer to deliver the grievance to the Appeals Coordinator. The officer’s signature on the 22 form is your proof that you delivered your 602 for filing.

Please include in your 602: whether you are able to sleep while Guard One is in use; as many details as you can recall about how often you usually wake up; how long you sleep at a time; how long you are awake each time you wake up; how much total sleep you get each night; and any consequences of this lack of sleep.

Request to see medical if you are experiencing negative effects from the checks or from related lack of sleep. Document in your 602s, your medical visits and your attempts to get medical visits and medical care. Explain what medical did or did not do to help you, or if you were denied medical visits.

If you have submitted 602s in the past about the checks, and the checks are still a problem for you, submit a new 602 (and Form 22) and request to see medical. Please send us a copy of your previous 602 as well.

The PHSS Committee to End Sleep Deprivation and CFASC/Family Unity Network want to help prisoners pursue this grievance. Please send by legal mail a copy of any new 602 (and 22 form) on this issue, any new medical or mental health documents showing that you have submitted a complaint and sought treatment, and any previous 602s you filed on this issue, to:

Carol Strickman, Senior Staff Attorney
Legal Services for Prisoners with Children
1540 Market Street, Suite 490
San Francisco, CA 94102

Thank You,

Prisoner Hunger Strike Solidarity Coalition’s Committee to End Sleep Deprivation and
California Families Against Solitary Confinement /Family Unity Network

P.S. If you have created any artwork about the “security/welfare checks,” please send a copy to PHSS Committee to End Sleep Deprivation, P.O. Box 5692, Eureka, CA 95502

This letter in pdf format for easy printing:
“Security/Welfare Checks”: Call for 602s, 22s, and Art Work

Please note this 2018 Update: We are still asking for people’s 602’s, 22’s and artwork about the “checks” even though the linked letter says send by the end of Nov 2017.   

Serious Sleep Deprivation of CA prisoners in solitary continues- Please speak out!

Published in Prison Focus Issue 51

Sleep Deprivation Update
By The Prisoner Hunger Strike Solidarity (PHSS) Committee to End Sleep Deprivation

Dr. Jamie Zeitzer, PhD, recognized worldwide as an expert in sleep and circadian rhythms, concluded in his 10/25/2015 report: “The current practice of 30 minute wellness [sic] checks of inmates housed in the SHU is likely a cause of severe sleep disruption. This type of sleep disruption is likely worse than anything that has been provocatively studied in a laboratory. The known consequences of chronic sleep loss, including disruptions to metabolism, memory, mood, and health, are likely even more severe in these individuals.

“The mandated purpose of these wellness checks (i.e., suicide prevention) is, in fact, likely to have the opposite effect and inadvertently increase suicidality in these individuals. …There have been no direct studies of intentionally waking an individual every thirty minutes every night for days, weeks, or months, as doing so would be considered highly unethical in a research environment.”

‘Security/welfare checks’ persist in SHU’s, Ad-seg’s, Psychiatric, and Condemned Units throughout CA prisons, waking people locked in solitary confinement every 30 minutes, night and day. The PHSS Committee To End Sleep Deprivation works to end these checks.

In May 2016, we published a survey to elicit information from prisoners about the checks. Soon we’ll have a more detailed survey for you to answer about the harmful effects. We want to document the effects in detail to get the checks stopped. [HERE’s the new survey]

Systematic abuse and neglect caused and/or contributed to six recent deaths at California Institution for Women (CIW). A campaign by surviving family members and CA Coalition for Women Prisoners demanding investigation into those deaths has led to the current Joint Legislative Audit of CIW and all CDCr suicide prevention policies & practices. We have sent materials and communicated with both the Audit Committee and the CA State Auditor, the body conducting the audit for the legislature, urging they recommend a STOP to the “security/welfare checks.”

Suicide expert and Special Master in Coleman v. Brown, Lindsay Hayes and Matthew Lopes, still claim the “security/welfare checks” are suicide prevention despite the sleep deprivation and excruciating mental and physical health problems they cause. Write to Hayes and Lopes (and send us a copy) about how the checks affect(ed) you and what you think true mental health and suicide prevention require, or send one letter to the PHSS Committee, and we will forward it to Hayes and Lopes.

We also ask people not in prison to write Hayes and Lopes and urge them to stop this harmful practice. Share any personal or professional understandings of the need for sleep and the effects of sleep disruption/deprivation.

Mr. Lindsay M. Hayes,
40 Lantern Lane, Mansfield, MA 02048

Matthew A. Lopes Jr., Pannone Lopes Devereaux & West LLC,
317 Iron Horse Way, Suite 301
Providence, RI 02908

PHSS Committee to End Sleep Deprivation, P.O. Box 5692, Eureka, CA 95502

Thank You.

Additional Notes on 4-12-17: There are at least 2 current federal lawsuits against the “security/welfare checks” due to the sleep deprivation and other harms they cause.  Also, we have been in contact with legislators about this torture and plan to revive a campaign to get the legislators to help stop the so-called “checks.” 

If you are in contact with your legislators and want to address the sleep deprivation, we invite you to contact our Committee so we can provide you with materials and accurate information. PHSS Committee to End Sleep Deprivation, P.O. Box 5692, Eureka, CA 95502; phssreachingout@gmail.com 510.426.5322

LETTER WRITING LAUNCH to end harmful “security / welfare checks”

STOP SLEEP DEPRIVATION in CA Solitary Units in Pelican Bay SHU and Women’s Death Row

Please write letters to Lindsay Hayes, the suicide expert who’s endorsed this harmful practice by CA Dept. of Corrections.  Hayes can stop the “security/welfare checks.” We want Hayes to hear the voices of the women and men affected by these torturous checks, and we ask you to be the messengers.

Use these templates and prisoner quotes, and send to the listed addresses:

• Short TEMPLATE LETTER to Hayes http://wp.me/P1BB1k-2IM

• Longer TEMPLATE LETTER to Hayes http://wp.me/P1BB1k-2Je

• QUOTES from Pelican Bay SHU & Central CA Women’s Facility death row about checks http://wp.me/P1BB1k-2K5

 Write to:
Lindsay M. Hayes
40 Lantern Lane
Mansfield, MA 02048

Copy to:
Matthew A. Lopes, Jr.
Pannone Lopes Devereaux & West LLC
317 Iron Horse Way, Suite 301
Providence, RI 02908

If possible, send us a copy of your letter, either by U.S. mail or email:
PHSS Committee to End Sleep Deprivation
P.O. Box 5692
Eureka, CA 95502
phssreachingout@gmail.com

“The negative health consequences of inadequate sleep ha[ve] been extensively documented and nowhere in the literature is there a report on as severe a disruption in sleep as is occurring in the Pelican Bay SHU.”
– Dr. Jamie Zeitzer, internationally recognized sleep expert, Oct. 2015

Guards are jarring prisoners awake every 30 minutes, all day and night, in Central California Women’s Facility death row and in Pelican Bay SHU with noisy so-called  “security/ welfare checks,” causing severe sleep deprivation. These checks are purported to be ‘suicide prevention,’ yet are being used as a blanket practice, whether prisoners are suicidal or not, and despite the fact that denial of sleep is devastating for the human mind and body.

“This is torture. We are being emotionally, mentally and physically battered by the security checks throughout the nights.” – 20 death row prisoners in Central California Women’s Facility (CCWF)

People need sleep for survival, mental and physical health and well-being, and to organize for their human rights.